TOWNSHIP  GOVEENMENT  IN  IOWA 


HISTORY  OF 

TOWNSHIP  GOVERNMENT 
IN  IOWA 


BY 
CLARENCE  RAY  AURNER 


SUBMITTED  TO  THE  FACULTY  OF  THE  GRADUATE  COLLEGE  OF  THE 

STATE  UNIVERSITY  OF  IOWA  IN  PARTIAL  FULFILMENT 

OF    THE    REQUIREMENTS    FOR    THE    DEGREE 

OF      DOCTOR     OF      PHILOSOPHY 


IOWA  CITY  IOWA 


AUTHOR'S  PREFACE 

To  discover  the  sources  of  the  laws  under  which  the 
township  in  Iowa  was  organized,  to  trace  the  changes  in 
these  township  laws,  to  sketch  the  scope  and  character 
of  township  administration  from  its  inception  down  to 
the  present  time,  and  to  indicate  some  of  the  conceptions 
concerning  the  functions  of  the  township  that  appear  to 
have  prevailed  in  Iowa,  constitute  the  aim  of  the  pages 
that  follow. 

In  order  to  accomplish  the  objects  of  this  research 
reference  has  necessarily  been  made  to  the  original 
jurisdictions  in  which  the  township  was  first  recognized 
as  well  as  to  those  having  an  immediate  connection  with 
Iowa.  Some  reference  has  also  been  made  to  other 
jurisdictions  in  which  a  modified  form  of  township 
organization  has  appeared.  A  survey  of  the  laws  from 
the  establishment  of  the  Territory  of  the  Northwest  in 
1787  to  the  present  time,  in  so  far  as  they  appear  to 
relate  directly  to  the  history  of  local  government  in  Iowa, 
has  been  undertaken;  and  incidentally  the  various  types 
of  township  organization  have  been  mentioned. 

In  the  present  study  it  seems  necessary  (1)  to  connect 
historically  the  township  as  established  in  Iowa  with  the 
primitive  New  England  group  forming  an  independent 
congregation  where  boundaries  were  not  only  indefinite 

7 


3  AUTHOR'S  PREFACE 

but  decidedly  irregular  as  contrasted  with  the  regularity 
of  the  government  survey;  (2)  to  indicate  the  beginnings 
of  the  New  York  system  in  which  the  township  governed 
by  a  selected  body  was  superior  to  the  county  organiza- 
tion; (3)  to  point  out  the  plan  of  Pennsylvania  in  which 
the  township  powers  were  very  limited,  the  county  being 
superior;  and  finally,  to  illustrate  the  mixed  type  of  the 
western  States.  Again,  the  government  survey  of  1785 
is  recognized  as  determining  the  "geographic",  or  " con- 
gressional ",  or  "original  surveyed "  township,  which  is 
fundamental  in  establishing  all  future  limits  in  land 
description  and  is  generally  the  basis  of  the  civil  town- 
ship, with  which  the  school  township  usually  coincides. 
Each  of  these  three  kinds  of  townships  —  the  civil  town- 
ship, the  congressional  township,  and  the  school  township 
—  has  a  history  of  its  own  to  which  some  reference  is 
necessarily  made. 

In  assembling  the  data  from  the  various  sources  that 
only  has  been  retained  which  appeared  to  have  a  direct 
bearing  upon  the  subject.  At  the  same  time  it  has  been 
necessary  in  some  instances  to  make  prominent  mention 
of  the  county  in  order  to  make  clearer  the  relation  of  the 
township  to  the  higher  units  of  government.  The  over- 
lapping activities  of  these  two  administrative  areas  are 
such  that  a  complete  separation  is  both  impracticable  and 
undesirable. 

It  is  from  the  original  acts  of  legislative  bodies  and 
from  the  original  records  of  local  administrative  agencies 
in  Iowa  that  the  greater  part  of  the  data  for  this  study 


AUTHOR'S  PREFACE  9 

has  been  secured.  The  citations  in  the  Notes  and  Refer- 
ences will  indicate  specifically  the  sources,  which  include 
chiefly  the  laws  of  the  Territory  of  the  Northwest,  the 
statutes  of  Ohio  and  of  the  Territories  of  Michigan  and 
Wisconsin,  and  the  laws  of  Iowa  from  the  organization 
of  the  Territory  in  1838  to  the  present  time.  The  county 
records  in  six  of  the  earlier  counties  of  Iowa  have  been 
examined;  while  secondary  material  has  been  used  to 
some  extent  for  illustrative  purposes.  Practically  all  of 
the  sources,  except  local  records,  have  been  found  in  the 
library  of  The  State  Historical  Society  of  Iowa. 

It  was  at  the  suggestion  of  Dr.  Benjamin  F.  Sham- 
baugh,  Superintendent  of  The  State  Historical  Society 
of  Iowa,  that  this  research  on  the  Iowa  township  was 
undertaken.  For  his  personal  direction  and  suggestions 
during  the  time  occupied  in  research  and  for  his  critical 
reading  and  editing  of  the  manuscript  grateful  acknowl- 
edgments are  due.  The  index  was  compiled  by  Mr. 
Jacob  Van  der  Zee. 

CLAKENCE  BAY  AUENEE 

THE  STATE  HISTORICAL  SOCIETY  OF  IOWA 
IOWA  CITY  IOWA 


CONTENTS 
AUTHOB'S  PEEFACE     ......  7 

PART  I 

ORIGIN  AND  DEVELOPMENT  OF  TOWNSHIP 
GOVERNMENT  IN  IOWA 

I.     THE  MICHIGAN  TEBBITOBY  PEEIOD  1834-1836    17 
II.     THE  WISCONSIN  TEEBITOEY  PEEIOD  1836-1838  20 

III.  THE  IOWA  TEEBITOEY  PEEIOD  1838-1846          24 

IV.  THE  PEEIOD  OF  THE  COMMONWEALTH  1846- 

1914 37 

PART  II 
OFFICERS  OF  THE  TOWNSHIP  IN  IOWA 

V.     THE  TOWNSHIP  TEUSTEES      ...  55 

VI.     THE  TOWNSHIP  CLEEK  ...  71 

VII.     THE  TOWNSHIP  ASSESSOR      ...  85 

VIII.    THE  TOWNSHIP  COLLECTOE    ...         102 

11 


12  CONTENTS 

IX.     THE  TOWNSHIP  TREASURER    .          .         .  105 

X.     THE  JUSTICE  OF  THE  PEACE    .         .         .  107 

XL     THE  CONSTABLE    .....  114 

XII.     THE  FENCE  VIEWER      ....  120 

XIII.  THE  TOWNSHIP  SUPERVISOR   .         .         .  124 

XIV.  THE  TOWNSHIP  BOARD           ...  126 
XV.     THE  EOAD  SUPERVISOR  ....  128 

XVI.     THE  OVERSEERS  OF  THE  POOR          .         .  148 

PART  III 

SOME  SPECIAL  ASPECTS  OF  TOWNSHIP 
GOVERNMENT  IN  IOWA 

XVII.    THE  ORIGIN  OF  TOWNSHIP  LAWS  AND 

TOWNSHIP  SYSTEMS           .         .         .  165 

XVIII.     THE  TRANSPLANTING  OF  STATUTES          .  171 

XIX.     THE  PEACE  OFFICERS    ....  180 

XX.     THE  TOWN  MEETING  AND  ELECTIONS        .  184 

XXL    THE  TOWNSHIP  AND  TAXES    ...  186 

XXII.     THE  CARE  OF  THE  EOADS        ...  192 

XXIII.  THE  PERSISTENCE  OF  THE  TOWNSHIP        .  200 

XXIV.  THE  CONSTITUTIONAL  STATUS  OF  THE 

TOWNSHIP  204 


CONTENTS  13 

XXV.     THE  IMPOBTANCE  or  LOCAL  OFFICEKS      .  209 
XXVI.     THE  PKESENT  DEMANDS  UPON  TOWNSHIP 
OFFICIALS          ..... 

NOTES  AND  EEFEKENCES          .         .         .  217 

INDEX 251 


PAET  I 

ORIGIN"    AND    DEVELOPMENT     OF 
TOWNSHIP  GOVERNMENT  IN  IOWA 


15 


I 

THE  MICHIGAN  TERRITORY  PERIOD 
1834-1836 

WITH  the  establishment  of  the  townships  of  Julien  in 
Dubuque  County  and  of  Flint  Hill  in  Demoine  County 
by  an  act  of  the  Legislative  Council  of  the  Territory  of 
Michigan  in  September,  1834,  and  with  the  location  of  the 
polls  for  the  elections  that  were  to  be  held  in  the  follow- 
ing November,  township  government  was  first  inaugu- 
rated within  the  boundaries  of  the  present  State  of 
Iowa.1  Moreover,  the  original  townships  of  Julien  and 
Flint  Hill  were,  according  to  the  provisions  of  the  Mich- 
igan act,  coextensive  with  the  original  counties  of 
Dubuque  and  Demoine.  The  township  elections  were  to 
be  held  "according  to  the  mode  prescribed  by  law  for 
holding  township  elections ' ' ;  while  all  laws  then  in  force 
in  Iowa  County,  Michigan  Territory,  and  "not  locally 
inapplicable ' ',  were  "extended  to  the  counties  of  Du- 
buque and  Demoine ' '  and  declared  to  be  in  force  therein.2 
Thus,  for  the  immediate  origin  of  township  govern- 
ment in  Iowa  one  must  turn  to  the  statutes  of  the 
Territory  of  Michigan.  Here  one  may  gather  from  the 
acts  of  the  Legislative  Council  for  approximately  seven 
years  preceding  1834  the  provisions  of  law  relating  to 
townships.  It  must  be  understood,  however,  that  these 
acts  were  based  generally  upon  earlier  statutes  (statutes 
of  the  original  States)  in  so  far  as  they  were  applicable 
to  the  conditions  and  needs  of  the  Territory. 

2  17 


18  TOWNSHIP  GOVERNMENT  IN  IOWA 

A  general  statute  of  the  Territory  of  Michigan, 
enacted  in  1827,  declared  that  the  inhabitants  (meaning 
the  electors)  should  assemble  annually  on  the  first  Mon- 
day in  April  and  choose  such  township  officers  as  were 
provided  for  by  the  law ;  and  in  order  that  these  elections 
might  be  conducted  according  to  established  rules  such 
regulations  were  prescribed  by  the  Legislative  Council. 
It  was  further  provided  that  the  electors  in  any  township 
meeting  might  adopt  regulations  relating  to  local  matters, 
such  as  roads,  partition  fences,  the  control  of  stock  run- 
ning at  large,  enclosed  grounds,  and  commons.  These 
regulations  were  to  become  a  part  of  the  record  of  the 
township  meeting,  preserved  according  to  law  in  a  book 
kept  for  that  purpose  by  the  township  clerk,  and  they 
were  to  remain  in  full  force  until '  '  revoked  or  altered,  or 
new  made"  at  some  subsequent  meeting.3 

The  duties  of  the  several  township  officers  —  the 
supervisor,  the  clerk,  the  assessors,  the  collector,  the 
overseers  of  the  poor,  the  commissioners  of  highways, 
the  constables,  the  fence  viewers,  the  pound  masters,  and 
the  overseers  of  the  highways,  all  chosen  for  one  year  — 
were  specified  in  the  Michigan  act  of  March  30,  1827, 
which  provided  for  the  township  meeting,  and  in  laws 
governing  the  several  departments  of  service  to  which 
such  officers  belonged.  In  later  acts  their  functions  may 
have  been  altered  or  possibly  in  some  instances  aban- 
doned, the  duties  having  been  assigned  to  other  offices 
already  established.  Then  new  offices  were  created  as 
the  demands  of  more  complete  organization  appeared  to 
make  them  necessary. 

Since  the  county  and  township  were  identical  in  area 
during  the  Michigan  period  it  is  evident  that  the  intention 
of  the  law  was  to  place  the  government  of  both  in  the 


THE  MICHIGAN  TERRITORY  PERIOD  19 

hands  of  a  single  board.  Moreover,  records  are  available 
which  indicate  the  actual  organization  of  the  two  counties 
of  Dubuque  and  Demoine  under  the  laws  of  Michigan. 
The  supervisors  of  the  county  of  Demoine,  Michigan 
Territory,  convened  at  the  house  of  William  E.  Boss  in 
the  town  of  Burlington  on  September  29,  1835.  There 
were  present,  as  constituting  the  board  elected  in  the  fall 
of  1834,  Isaac  Leffler,  Francis  Bedding,  and  Ebenezer  D. 
Ayers.  Benjamin  Tucker  was  appointed  clerk  after  the 
board  had  "proceeded  to  business".4  It  is  noted  also 
that,  either  in  the  month  of  November,  1835,  or  previous 
to  that  time,  W.  W.  Chapman  brought  from  Galena, 
Illinois,  the  laws  of  Michigan  —  presumably  under  orders 
from  the  supervisors,  since  they  allowed  the  bill  of 
twenty-five  dollars  for  the  service.5  In  Dubuque  County 
the  records  for  1835  do  not  appear ;  but  in  May,  1836,  the 
proceedings  are  similar  to  those  cited  for  the  county  of 
Demoine.  Francis  Gehon,  William  Smith,  and  John  Paul 
constituted  the  first  board  of  supervisors  for  Dubuque 
County,  Michigan  Territory,  while  Warner  Lewis  was 
the  first  clerk.6 

The  brief  account  of  the  period  of  the  Territory  of 
Michigan  here  presented  indicates  the  provisions  for  and 
the  beginnings  of  local  government  in  Iowa.  While  this 
region  was  remote  from  the  seat  of  Territorial  govern- 
ment and  while  communication  with  the  authorities  under 
whom  organization  must  be  made  was  extremely  difficult, 
the  instructions  of  superiors  appear  to  have  been  obeyed 
in  some  detail  and  the  laws  executed  as  provided  in  the 
statutes.  Indeed,  it  may  seem  in  some  degree  remark- 
able that  provisions  for  the  management  and  control 
of  local  affairs  were  so  soon  put  into  actual  practice. 


II 

THE  WISCONSIN  TERRITORY  PERIOD 

1836-1838 

ON  July  4, 1836,  the  original  Territory  of  Wisconsin  was 
organized.  The  Organic  Act  provided  for  the  election  by 
the  people  of  all  township  officers,  except  those  exercis- 
ing judicial  functions.  The  "rights,  privileges,  and 
immunities"  granted  to  the  Territory  of  Michigan  and 
its  inhabitants  were,  moreover,  extended  to  the  new 
Territory  of  Wisconsin;  and  in  so  far  as  they  were  ap- 
plicable, the  laws  of  Michigan  were  likewise  declared 
to  be  in  force  in  the  new  Territory.7 

Of  the  acts  of  the  Territorial  legislature  of  Wisconsin 
relative  to  townships  the  first  appears  to  be  a  statute 
providing  for  the  amendment  of  several  laws  of  the 
Territory  of  Michigan  which  had  been  approved  in  1833 
and  which  were  still  in  force  in  the  Territory  of  Wiscon- 
sin. In  this  amendatory  act,  approved  on  December  6, 
1836,  it  was  declared  that  "each  county  within  this 
territory  now  organized  or  that  may  be  hereafter  organ- 
ized" should  constitute  one  township  for  the  purposes  of 
carrying  into  effect  the  provisions  of  the  amended  laws. 
Furthermore,  it  was  provided  that  at  the  annual  town 
meeting  in  each  county  there  should  be  chosen  by  the 
electors  three  supervisors  who  should  perform  the 
"duties  heretofore  performed  by  the  township  board", 
in  addition  to  those  "assigned  them  as  a  county  board", 
and  in  each  county  there  should  be  chosen  also  one  town- 

20 


THE  WISCONSIN  TERRITORY  PERIOD  21 

ship  clerk  who,  in  addition  to  the  duties  heretofore 
assigned  to  that  officer,  should  act  likewise  as  "  clerk  to 
the  board  of  supervisors  ".8 

In  accordance  with  the  act  of  the  legislature  of  Wis- 
consin Territory,  approved  on  December  7, 1836,  whereby 
the  original  county  of  Demoine  was  subdivided,  the  sev- 
eral divisions  were  required  to  organize  under  a  board 
of  supervisors,  which  should  act  in  both  county  and  town- 
ship affairs;  but  a  township  clerk  was  provided  as 
mentioned  in  the  law  approved  on  December  6,  1836. 
Accordingly,  it  appears  from  the  local  records  that  in  the 
county  of  Lee  the  voters  elected  on  Monday,  April  3, 
1837,  three  supervisors,  three  commissioners  of  high- 
ways, three  assessors,  one  county  treasurer,  one  coroner, 
one  collector,  one  register,  one  township  clerk,  and  thir- 
teen constables.  One  John  H.  Lines  having  been  chosen 
to  the  office  of  township  clerk  in  the  county  was  required 
to  act  also  as  the  clerk  of  the  board  of  supervisors.  The 
local  records  contain  the  names  of  all  the  local  officials, 
with  the  exception  of  the  constables.  Those  who,  in  addi- 
tion to  the  clerk,  may  properly  be  regarded  as  township 
officers  under  the  Wisconsin  law  were  the  commissioners 
of  highways,  the  assessors,  the  collector,  and  the  con- 
stables. Moreover,  in  the  allowances  made  for  his  ser- 
vices, John  H.  Lines  was  named  as  township  clerk  for  the 
entire  county.9 

It  was  on  December  20,  1837,  that  the  Territorial 
legislature  of  Wisconsin  provided  for  the  election  of 
three  county  commissioners  in  each  county.  By  the  pro- 
visions of  this  law  it  was  required  that  at  the  first  meet- 
ing of  the  commissioners  the  board  of  supervisors 
previously  existing  should  deliver  to  them  all  of  the  rec- 
ords "of  whatever  nature "  belonging  to  the  county.10 


22  TOWNSHIP  GOVERNMENT  IN  IOWA 

But  no  mention  is  made  of  the  township  duties  which 
were  previously  performed  by  the  three  supervisors. 
Moreover,  it  is  distinctly  stated  that  the  board  of  com- 
missioners, which  was  to  be  considered  "a  body  cor- 
porate and  politic ' ',  was  organized  for  transacting  county 
business.11  Closely  following  this  legislation  was  the  act 
of  January  2,  1838,  providing  for  the  establishment  of 
thirty-five  townships  in  the  counties  of  Milwaukee, 
Brown,  and  Eacine  —  all  within  the  limits  of  the  present 
State  of  Wisconsin.12  At  the  same  time  another  act, 
approved  on  January  3, 1838,  provided  for  the  election  of 
constables  and  road  supervisors  and  the  appointment  of 
justices  of  the  peace. 

This  law  contained  a  provision  that  upon  the  pre- 
sentation of  the  required  petition  —  that  is,  of  a  majority 
of  the  qualified  voters  in  any  township  —  it  might  be 
i '  set  off "  or  changed.  If  a  new  township  was  established 
the  commissioners  were  directed  to  order  an  election 
therein.13  This  provision  was  continued  after  the  organ- 
ization of  the  Territory  of  Iowa  in  July,  1838,  when, 
according  to  the  Organic  Act,  the  existing  laws  of  the 
Territory  of  Wisconsin  were  extended  over  the  new  Ter- 
ritory and  its  citizens  were  granted  "all  the  rights, 
privileges,  and  immunities"  theretofore  belonging  to  the 
citizens  of  Wisconsin  Territory.  Thus,  all  laws  relative 
to  townships  effective  in  the  original  Territory  of  Wis- 
consin remained  in  force  in  the  Territory  of  Iowa  until 
changed  by  act  of  the  Legislative  Assembly. 

Thus,  during  the  period  when  the  Iowa  country  was 
under  the  jurisdiction  of  the  original  Territory  of  Wis- 
consin the  civil  township  and  the  county  were  continued 
as  identical  in  area  in  the  district  lying  west  of  the  Mis- 


THE  WISCONSIN  TERRITORY  PERIOD  23 

sissippi  River.  Counties,  nevertheless,  were  subdivided, 
and  it  appears  that  a  preliminary  form  of  township 
government  was  authorized.  No  records  are  available, 
however,  to  suggest  any  formation  of  townships  based 
upon  the  congressional  survey  of  thirty-six  square  miles : 
the  movement  for  such  organization  began  almost  imme- 
diately after  the  establishment  of  the  Territory  of  Iowa 
in  1838. 


Ill 

THE  IOWA  TERRITORY  PERIOD 
1838-1846 

THE  Organic  Act  of  the  Territory  of  Iowa,  which  was 
approved  on  June  12,  1838,  provided  that  all  township 
officers  should  be  elected  by  the  people  "in  such  manner 
as  is  now  prescribed  by  the  laws  of  the  Territory  of  Wis- 
consin, or  as  may,  after  the  first  election,  be  provided  by 
the  Governor  and  Legislative  Assembly  of  Iowa  Terri- 
tory. "  Under  this  provision  the  first  move  for  local 
legislation  was  made  by  Governor  Robert  Lucas,  who  in 
his  message  of  November  12, 1838,  said  : 

The  subject  of  providing  by  law  for  the  organization  of  town- 
ships, the  election  of  township  officers,  and  defining  their  powers 
and  duties,  I  consider  to  be  of  the  first  importance  and  almost 
indispensable  in  the  local  organization  of  the  Government. 
Without  proper  township  regulations  it  will  be  extremely  diffi- 
cult, if  not  impracticable,  to  establish  a  regular  school  system. 
In  most  of  the  States  where  a  common  school  system  has  been 
established  by  law,  the  trustees  of  townships  are  important 
agents  in  executing  the  provisions  of  the  laws. 

The  Governor  further  observed  that  while  the  laws  of 
Wisconsin  were,  until  changed  by  the  legislature,  in  force 
in  the  Territory  of  Iowa  in  accordance  with  the  Organic 
Act,  "their  incompatibility  in  many  respects'7  with  that 
act  and  the  confusion  into  which  they  were  thrown  by 
"being  blended  with  the  laws  of  Michigan "  made  it  ad- 
visable to  proceed  to  organize  the  local  government  in 
conformity  to  the  Organic  Act.  He  therefore  advised 

24 


THE  IOWA  TERRITORY  PERIOD  25 

legislation  suitable  to  the  local  situation  without  refer- 
ence to  the  laws  of  either  Wisconsin  or  Michigan.14 

On  December  10,  1838,  the  House  of  Representatives 
resolved  itself  into  a  committee  of  the  whole  for  the  con- 
sideration of  a  bill  to  provide  for  the  incorporation  of 
townships.  After  some  time  spent  in  amending  the  bill 
the  House  concurred  in  the  report.15  Later  when  the 
Council  came  to  the  consideration  of  this  bill  on  Decem- 
ber 13th,  and  again  on  December  14th,  it  was  referred  to 
the  Committee  on  Territorial  Affairs.  The  committee 
reported  on  December  18th,  when  the  Council  in  com- 
mittee of  the  whole  concurred.  Finally,  however,  the  bill 
was  postponed  indefinitely  on  December  28th,  by  a  vote 
of  eight  to  three.16 

In  November,  1839,  in  his  second  annual  message 
Governor  Eobert  Lucas  wrote  the  following: 

I  will  again  call  your  attention  to  the  importance  of  pro- 
viding by  law  for  the  organization  of  townships.  Such  an 
organization  was  doubtless  contemplated  by  Congress,  when 
they  declared  in  the  organic  law,  that  all  township  officers  should 
be  elected  by  the  people.  The  organization  of  townships  are  [is] 
so  intimately  connected  with  every  well  regulated  system  of 
common  schools,  as  well  as  that  of  public  roads,  that  neither 
system  can  be  conveniently  carried  out  in  detail,  without  such 
organization.  Further,  it  has  been  proven  by  experience,  that 
the  ordinary  local  business  of  the  country  can  be  done  with  much 
more  convenience  and  less  expensive  to  the  people,  where  the 
township  system  has  been  adopted,  than  in  communities  where  it 
has  been  dispensed  with.  I,  therefore,  earnestly  press  upon  your 
consideration,  the  importance  of  passing  a  law  the  present  ses- 
sion, to  provide  for  the  civil  organization  of  townships,  and  that 
provision  be  made  for  the  election  by  the  people,  of  a  competent 
number  of  Justices  of  the  Peace,  in  such  organized  townships,  as 
well  as  other  township  officers.17 


26  TOWNSHIP  GOVERNMENT  IN  IOWA 

It  was  ordered  by  the  House,  on  November  7,  1839, 
that " so  much  of  the  Governor's  message  as  relates  to  the 
organization  of  townships  be  referred  to  the  committee 
on  townships  and  county  boundaries. "  A  bill  from  this 
committee  was  reported  on  Monday,  November  11,  1839, 
as  "No.  1,  H.  R.  file",  bearing  the  title  of  "A  bill  for  the 
incorporation  of  townships,  and  for  other  purposes. ' '  It 
was  read  a  second  time  on  November  12th,  and  was  then 
referred  "to  committee  of  the  whole  House"  and  made 
the  order  of  the  day  for  the  following  Thursday.  It  was 
taken  up  as  provided,  and  "after  some  time,  the  com- 
mittee rose '  \  The  bill  was  then  reported  without  amend- 
ment; whereupon  it  was  referred  to  a  select  committee 
consisting  of  one  member  from  each  electoral  district. 
On  November  16th  this  committee  reported  the  bill  with 
amendments.  Mr.  Langworthy  moved  to  reject  it  and 
voted  in  the  affirmative  as  against  twenty-five  negative 
votes.  Again,  on  November  18th  the  House  in  committee 
of  the  whole  amended  the  proposed  act ;  and  on  Novem- 
ber 22, 1839,  it  was  read  a  third  time,  passed,  and  the  title 
agreed  to,  and  the  clerk  was  ordered  to  notify  the  Coun- 
cil of  such  action. 

In  the  Council  the  bill  was  finally  referred  to  the  Com- 
mittee on  Judiciary,  and  with  amendments  was  passed  on 
December  31, 1839.  It  may  be  noted  that  the  final  amend- 
ment made  by  the  Council  after  the  bill  was  reported 
from  the  committee  related  to  the  title,  wherein  the  word 
"incorporation"  was  changed  to  "organization".  Upon 
its  return  to  the  House  on  December  31st  the  amendments 
were,  in  part,  at  first  rejected.  Later,  however,  this 
action  was  reconsidered  and  on  January  4,  1840,  the  act 
was  sent  over  to  the  Council  for  signature.  Its  approval 
by  the  Governor  followed  on  January  10,  1840.  This  in 


THE  IOWA  TERRITORY  PERIOD 


27 


brief  is  the  legislative  history  of  the  bill  relating  to  town- 
ships as  passed  at  the  second  session  of  the  Legislative 
Assembly.18 

By  comparing  the  first  law  relative  to  townships,  en- 
acted by  the  Legislative  Assembly  of  Iowa  at  its  second 
session,  with  a  law  of  Ohio,  approved  on  January  21, 1804, 
and  revised  in  1805,  it  seems  quite  certain  that  the  stat- 
utes of  the  latter  State  were  in  the  possession  of  the 
lawmakers  of  the  Territory.  The  following  sections  of 
these  laws  may  be  cited  as  illustrations  of  the  similarity : 

DUTIES  OF  THE  TOWNSHIP  CLEEK 


The  Ohio  Statute 

Sec.  5.  And  be  it  further 
enacted,  That  it  shall  be  the 
duty  of  the  township  clerk,  to 
keep  fair  and  accurate  records 
of  all  the  public  transactions 
of  the  township  meetings,  to 
make  out  within  two  days  aft- 
er the  election  of  township 
officers,  a  list  of  all  those  of 
whom,  by  law,  oaths  are  re- 
quired, stating  the  offices  to 
which  they  are  respectfully 
[sic]  chosen,  and  the  same  de- 
liver to  a  constable  of  the 
township,  requiring  such  con- 
stable forthwith  to  summon 
such  officers  to  appear  before 
a  justice  of  the  peace,  or  be- 
fore such  clerk,  within  ten 
days,  to  take  such  oaths  or  af- 
firmations as  may  be  by  law 
required,  which  oaths  or  af- 


The  Iowa  Statute 

Sec.  9.  That  it  shall  be  the 
duty  of  the  township  clerk  to 
keep  fair  and  accurate  records 
of  all  the  public  transactions 
of  the  township  meetings,  to 
make  out,  within  two  days  aft- 
er the  election  of  township  of- 
ficers, a  list  of  all  those  of 
whom  by  law  oaths  are  re- 
quired, stating  the  offices  to 
which  they  are  respectively 
chosen,  and  the  same  deliver 
to  a  constable  of  the  township, 
requiring  such  constable  forth- 
with to  summon  such  officers 
to  appear  before  a  justice  of 
the  peace  or  before  such  clerk 
within  ten  days,  to  take  such 
oaths  or  affirmations  as  may  be 
by  law  required,  which  oaths 
or  affirmations  the  said  clerk  is 
authorized  to  administer,  and 


28 


TOWNSHIP  GOVERNMENT  IN  IOWA 


firmations  the  said  clerk  is 
authorized  to  administer,  and 
of  which  he  shall  make  a  rec- 
ord; and  in  case  any  township 
officer  shall  take  the  oath  of 
office  before  any  justice  of  the 
peace,  such  justice  shall  file  a 
certificate  thereof  with  the 
clerk  of  the  township,  who 
shall  make  a  record  of  the 
same. 

Sec.  6.  And  ~be  it  further 
enacted,  That  it  shall  be  the 
further  duty  of  the  township 
clerk,  to  record  in  a  book  to  be 
provided  by  him  for  that  pur- 
pose, all  private  roads  and 
cart-ways,  by  the  trustees  es- 
tablished, together  with  the 
ear-marks  of  all  cattle,  sheep 
and  hogs,  and  such  other 
marks  and  brands  as  any  per- 
son may  wish  to  have  recorded 
in  the  said  township,  but  he 
shall  not  record  the  same  mark 
to  two  different  persons;  and 
the  said  clerk  shall  be  entitled 
to  receive  of  the  person  em- 
ploying him  as  aforesaid,  for 
such  entry  of  marks  or  brands, 
the  sum  of  twenty-five  cents, 
and  shall  deliver  a  certified 
copy  of  such  entry  to  the  own- 
er, if  required,  and  he  shall  be 
entitled  to  receive  for  record- 
ing private  roads  and  cart- 


of  which  he  shall  make  a  rec- 
ord; and  in  case  any  township 
officer  shall  take  the  oath  of 
office  before  any  justice  of  the 
peace,  such  justice  shall  file  a 
certificate  thereof  with  the 
clerk  of  the  township,  who 
shall  make  a  record  of  the 
same. 


Sec.  10.  That  it  shall  be  the 
further  duty  of  the  township 
clerk  to  record  in  a  book  to  be 
provided  by  him  for  that  pur- 
pose, all  private  roads  and 
cartways  by  the  trustees  estab- 
lished, together  with  the  ear 
marks  of  all  cattle,  sheep,  and 
hogs,  and  such  other  marks 
and  brands  as  any  person  may 
wish  to  have  recorded  in  the 
said  township,  but  he  shall  not 
record  the  same  mark  to  two 
different  persons.  And  the 
said  clerk  shall  be  entitled  to 
receive  of  the  person  employ- 
ing him  as  aforesaid,  for  such 
entry  of  marks  or  brands,  the 
sum  of  twenty-five  cents,  and 
shall  deliver  a  certified  copy  of 
such  entry  to  the  owner,  if  re- 
quired, and  he  shall  be  entitled 
to  receive  for  recording  pri- 
vate roads  and  cartways,  for 
every  sheet  of  one  hundred 


THE  IOWA  TERRITORY  PERIOD 


29 


ways,  for  every  sheet  of  one 
hundred  words,  nine  cents, 
payable  by  the  person  at  whose 
request  the  said  record  is  to 
be  made. —  From  Acts  of  the 
State  of  Ohio,  First  Session, 
Third  General  Assembly,  1804- 
1805,  pp.  364,  365. 


words,  ten  cents,  payable  by 
the  person  at  whose  request 
the  said  record  is  to  be  made. 
—  From  Laws  of  the  Territory 
of  Iowa,  1839-1840,  p.  48. 


DUTIES  OF  THE  TOWNSHIP  TRUSTEES 


Sec.  7.  And  be  it  further 
enacted,  That  it  shall  be  the 
duty  of  the  trustees,  within 
twenty  days  after  each  annual 
township  meeting,  to  divide 
their  respective  townships  into 
districts,  allotting  to  each  su- 
pervisor one,  and  it  shall  be 
the  further  duty  of  the  said 
trustees,  to  settle  the  accounts 
of  the  supervisors  of  high- ways 
and  overseers  of  the  poor,  and 
to  examine  and  settle  all  ac- 
counts and  demands  against 
the  township,  for  which  pur- 
pose the  said  trustees,  super- 
visors, overseers  of  the  poor 
and  township  clerk,  shall  meet 
on  the  first  Monday  of  March, 
annually,  at  the  place  of  hold- 
ing the  township  meetings,  and 
it  shall  be  the  duty  of  the 
township  clerk  to  make  an  en- 
try and  true  statement  of  all 
accounts  allowed  and  adjusted 
by  the  trustees,  in  a  book  to  be 


Sec.  11.  That  it  shall  be  the 
duty  of  the  trustees,  within 
twenty  days  after  each  annual 
township  meeting,  to  divide 
their  respective  townships  into 
districts,  allotting  to  each  su- 
pervisor one  district,  and  it 
shall  be  the  further  duty  of  the 
said  trustees  to  settle  the  ac- 
counts of  the  supervisors  of 
highways  and  overseers  of  the 
poor,  and  to  examine  and  set- 
tle all  accounts  and  demands 
against  the  township ;  for  which 
purpose  the  said  trustees,  su- 
pervisors, overseers  of  the  poor, 
and  township  clerk  shall  meet 
on  the  first  Monday  of  March 
annually,  at  the  place  of  hold- 
ing the  township  meetings; 
and  it  shall  be  the  duty  of  the 
township  clerk  to  make  an  en- 
try and  true  statement  of  all 
accounts  allowed  and  adjusted 
by  the  trustees,  in  a  book  to  be 
provided  for  that  purpose; 


30 


TOWNSHIP  GOVERNMENT  IN  IOWA 


provided  for  that  purpose,  and 
for  every  demand  against  the 
township,  allowed  by  the  trus- 
tees, the  creditor  shall  be  en- 
titled to  receive  from  the  said 
trustees,  an  order  on  the  town- 
ship treasurer  for  the  full 
amount  thereof,  payable  on  de- 
mand.—  From  Acts  of  the 
State  of  Ohio,  First  Session, 
Third  General  Assembly,  1804- 
1805,  p.  365. 

The  following  sections  provide  for  the  summoning  of 
electors  to  the  town  meeting  and  for  certain  proceedings 
preliminary  thereto : 

The  Ohio  Statute  The  Iowa  Statute 


and  for  every  demand  against 
the  township,  allowed  by  the 
trustees,  the  creditor  shall  be 
entitled  to  receive  from  the 
said  trustees  an  order  on  the 
township  treasurer  for  the  full 
amount  thereof  on  demand. — 
From  Laws  of  the  Territory  of 
Iowa,  1839-1840,  pp.  48,  49. 


Sec.  9.  And  be  it  further 
enacted.  That  at  least  twenty 
days  before  the  annual  town- 
ship meeting,  the  trustees  shall 
issue  their  warrant  to  a  con- 
stable of  the  township,  direct- 
ing him  to  notify  the  electors 
of  such  township  to  assemble 
at  the  time  and  place  appoint- 
ed for  their  annual  meeting, 
and  said  warrants  shall  enu- 
merate the  officers  to  be  chosen 
at  such  meeting;  and  on  the 
application  of  two  or  more 
freeholders  of  the  township  for 
that  purpose,  said  trustees 
shall  insert  in  said  warrant 
such  other  business,  matter  or 
thing,  as  may  be  proposed  to 


Sec.  13.  That  at  least  twen- 
ty days  before  the  annual 
township  meeting,  the  trustees 
shall  issue  their  warrant  to  a 
constable  of  the  township  di- 
recting him  to  notify  the  elec- 
tors of  such  township  to 
assemble  at  the  time  and  place 
appointed  for  their  annual 
meeting;  and  said  warrants 
shall  enumerate  the  officers  to 
be  chosen  at  such  meeting,  and 
on  the  application  of  two  or 
more  freeholders  of  the  town- 
ship for  that  purpose,  said 
trustees  shall  insert  in  said 
warrant  such  other  business, 
matter  or  thing  as  may  be  pro- 
posed to  be  submitted  to  said 


THE  IOWA  TERRITORY  PERIOD 


31 


be  submitted  to  said  township 
meeting;  and  no  tax  shall  be 
voted  at  such  township  meet- 
ing, unless  notice  thereof  shall 
have  been  given  in  the  said 
warrant,  and  the  constable 
who  shall  receive  such  war- 
rant, shall  warn  the  electors  of 
such  township  by  setting  up 
copies  of  said  warrant  in  three 
of  the  most  public  places  in 
each  township,  at  least  fifteen 
days  before  the  meeting  of 
such  electors. —  From  Acts  of 
the  State  of  Ohio,  First  Ses- 
sion, Third  General  Assembly, 
1804-1805,  pp.  366,  367. 

Certain  sections  make  provision  for  the  filling  of  va- 
cancies as  follows : 


township  meeting;  and  no  tax 
shall  be  voted  at  such  township 
meeting  unless  notice  thereof 
shall  have  been  given  in  the 
said  warrant;  and  the  con- 
stable who  shall  receive  such 
warrant,  shall  warn  the  elec- 
tors of  such  township  by  set- 
ting up  copies  of  said  warrant 
in  three  of  the  most  public 
places  in  each  township,  at 
least  fifteen  days  before  the 
meeting  of  such  electors. — 
From  Laws  of  the  Territory  of 
Iowa,  1839-1840,  p.  49. 


The  Ohio  Statute 
Sec.  12.  And  be  it  further 
enacted,  That  when  by  reason 
of  non-acceptance,  death  or  re- 
moval, of  any  person  chosen  to 
an  office,  in  any  township,  at 
the  annual  meeting  as  afore- 
said, or  in  any  case  where 
there  is  a  vacancy,  the  trustees 
shall  fill  such  vacancy,  and  the 
person  thus  chosen  shall  take 
the  same  oaths  and  be  liable  to 
the  same  penalties  as  though 
he  had  been  chosen  at  the  an- 
nual meetings;  and  in  case 
there  should  not,  at  any  annual 


The  Iowa  Statute 
Sec.  16.  That  when  by  rea- 
son of  non-acceptance,  death 
or  removal  of  any  person  cho- 
sen to  an  office  in  any  township 
at  the  annual  meeting  as  afore- 
said, or  in  any  case  where 
there  is  a  vacancy,  the  trustees 
shall  fill  such  vacancy ;  and  the 
person  thus  chosen  shall  take 
the  same  oaths,  and  be  liable 
to  the  same  penalties  as  though 
he  had  been  chosen  at  the  an- 
nual meetings;  and  in  case 
there  should  not,  at  any  an- 
nual meeting  under  this  act, 


32 


TOWNSHIP  GOVERNMENT  IN  IOWA 


meeting  under  this  act,  be  a 
sufficient  number  of  electors 
assembled  for  the  choice  of  a 
chairman,  as  is  herein  before 
provided,  between  the  hours  of 
ten  o'clock  in  the  morning  and 
four  in  the  afternoon,  so  that 
no  township  officers  can  be 
chosen  by  the  electors,  it  shall 
then  be  the  duty  of  the  trus- 
tees to  appoint  all  township 
officers  in  this  law  enumerated ; 
and  the  township  officers  thus 
appointed,  shall  take  the  same 
oaths  and  be  liable  to  the  same 
penalties,  as  though  they  had 
been  elected  at  the  annual 
meeting. —  From  Acts  of  the 
State  of  Ohio,  First  Session, 
Third  General  Assembly,  1804- 
1805,  p.  368. 


be  a  sufficient  number  of  elec- 
tors assembled  for  the  choice  of 
a  chairman  as  is  hereinbefore 
provided,  between  the  hours  of 
ten  o'clock  in  the  morning  and 
four  in  the  afternoon,  so  that 
no  township  officers  can  be 
chosen  by  the  electors,  it  shall 
then  be  the  duty  of  the  trus- 
tees to  appoint  all  township  of- 
ficers in  this  law  enumerated; 
and  the  township  officers  thus 
appointed  shall  take  the  same 
oaths  and  be  liable  to  the  same 
penalties  as  though  they  had 
been  elected  at  the  annual 
meeting. —  From  Laws  of  the 
Territory  of  Iowa,  1839-1840, 
p.  50. 


That  the  statutes  of  Ohio,  as  well  as  those  of  other 
States,  were  available  at  the  time  is  evidenced  (1)  by  the 
communication  of  the  Territorial  Secretary  in  reply  to  a 
resolution  of  the  Council,  (2)  by  the  catalog  of  the  first 
Territorial  library,  and  (3)  by  the  list  of  works  in  the 
private  library  of  Governor  Lucas.  Copies  of  Chase's 
Statutes  of  Ohio  were  in  the  Territorial  library  and  also 
in  the  possession  of  the  Governor.19  Thus  the  evidence 
is  reasonably  conclusive  that  the  township  act  of  1840 
was  copied  from  the  statutes  of  Ohio. 

By  the  law  approved  on  January  10,  1840,  relative  to 
the  organization  of  townships  it  was  provided  that  when- 
ever the  board  of  county  commissioners  deemed  it  ex- 


THE  IOWA  TERRITORY  PERIOD  33 

pedient  they  should  submit  the  question  of  the  adoption  of 
a  township  organization  by  the  county  to  the  qualified 
electors  therein.  Should  the  vote  then  taken  be  favor- 
able, the  commissioners  were  authorized  to  proceed  with 
the  organization  in  accordance  with  the  act  wherein  it  was 
specified  that  the  " shape  and  size"  of  the  township 
should  be  as  the  convenience  and  interest  of  the  county 
would  seem  to  demand.  The  act  made  provision  also  for 
the  naming  of  the  township  according  to  the  preferences 
of  the  inhabitants  thereof,  and  declared  that  the  first 
place  of  meeting  for  the  election  of  officers  should  be 
designated  by  the  commissioners. 

On  the  first  Monday  in  April  after  the  establishment 
of  the  township,  and  annually  thereafter,  the  electors 
were  required  to  assemble  at  the  place  assigned  by  the 
commissioners,  or  as  the  trustees  should  determine  after 
the  first  election,  and  proceed  to  the  choice  of  '  '  one  town- 
ship clerk,  three  trustees,  two  overseers  of  the  poor,  two 
fence  viewers,  a  sufficient  number  of  supervisors  of  high- 
ways, two  constables,  and  one  township  treasurer ' ' —  all 
of  whom  should  continue  in  office  until  their  successors 
should  be  chosen  and  qualified.  For  these  several  officers 
no  qualifications  appear  to  have  been  required  beyond 
those  of  a  qualified  elector.  The  persons  chosen  were  re- 
quired, however,  to  present  themselves  within  ten  days 
either  before  the  clerk  or  a  justice  of  the  peace  and  sub- 
scribe to  the  usual  oath  or  affirmation. 

The  annual  township  meeting  might  consider  other 
business  in  addition  to  the  election  of  the  township  offi- 
cers, provided  any  two  freeholders  had  made  the  proper 
request  previous  to  the  call  which  was  made  on  the 
authority  of  the  trustees.  Should  a  tax  be  proposed  it 
must  be  duly  stated  in  the  notice  fifteen  days  before  the 


34  TOWNSHIP  GOVERNMENT  IN  IOWA 

date  of  the  meeting.  Officers  chosen  at  any  annual  meet- 
ing but  refusing  to  accept  and  qualify  for  such  duty  as  the 
law  provided  were  subject  to  a  fine  of  three  dollars,  the 
same  to  be  applied  to  the  improvement  of  the  highways 
within  the  township.  No  elector,  however,  could  be  re- 
quired to  serve  two  years  successively  in  the  same  office. 

It  was  within  the  powers  of  the  county  commissioners 
to  divide  or  alter  the  boundaries  of  townships  whenever 
in  their  judgment  it  was  "conducive  to  the  public  con- 
venience ' ',  but  the  alteration  or  division  must  not  reduce 
any  township  below  the  size  of  "six  miles  square",  unless 
it  included  an  incorporated  town.  Again,  the  inhabitants 
of  any  township  desirous  of  being  "  set  off  "  were  author- 
ized to  petition  the  board  of  commissioners;  whereupon 
it  became  their  duty  to  order  the  change  and  to  name  the 
township.20 

As  amendatory  to  the  law  of  1840  provision  was  made 
in  1841  that  the  commissioners  in  the  counties  not  yet 
divided  into  townships,  or  in  which  there  had  been  no 
election  authorizing  such  a  division,  might  proceed  to 
divide  the  county  into  townships  when  in  their  opinion 
the  people  of  the  county  desired  such  local  organiza- 
tions.21 

In  1842  townships  then  organized,  or  to  be  organized, 
were  declared  to  be  bodies  "politic  and  corporate,  capable 
of  suing  and  being  sued" — a  status  which  had  not  been 
accorded  to  them  under  previous  acts.  Moreover,  the 
treasurer  of  the  township  was  now  required  to  give  bond 
with  security  to  the  trustees,  while  the  forfeiture  for 
failure  to  qualify  after  election  to  any  township  office 
was  reduced  to  two  dollars.  And  the  trustees,  by  virtue 
of  their  office,  were  made  the  judges  of  all  general  and 
special  elections  within  their  respective  townships.  Here 


THE  IOWA  TERRITORY  PERIOD 


35 


again  the  similarity  of  certain  sections  of  the  Iowa  stat- 
ute to  those  of  an  Ohio  statute,  approved  in  1820,  may  be 
clearly  seen.22 

The  Ohio  Statute 
Sec.  14.  That  each  and  ev- 
ery person  elected  and  quali- 
fied for  the  office  of  township 
treasurer,  shall,  previous  to 
entering  on  the  duties  of  his 
office,  give  bond  with  approved 
security,  to  the  trustees  of  such 
township  and  their  successors 
in  office,  in  such  sum  as  the 
trustees  may  deem  proper,  con- 
ditioned for  the  faithful  re- 
ceiving and  paying  over  all 
moneys,  which  may  come  into 
his  hands  for  the  use  of  the 
township,  which  bond  shall  be 
lodged  with  the  clerk  of  the 
township ;  and  if  the  said  bond 
shall  become  forfeited,  the 


The  Iowa  Statute 
Sec.  9.  That  every  person 
elected  to  the  office  of  township 
treasurer,  shall  previous  to  en- 
tering on  the  duties  of  his  office, 
give  bond  with  security  to  the 
trustees  of  such  township,  and 
their  successors  in  office,  in 
such  sum  as  the  trustees  may 
deem  proper,  conditioned  for 
the  faithful  performance  of  his 
duty  in  receiving  and  paying 
over  all  moneys  which  may 
come  into  his  hands  for  the  use 
of  the  township,  which  bond 
shall  be  lodged  with  the  clerk 
of  the  township,  and  if  the  said 
bond  shall  become  forfeited, 
the  township  clerk  by  order  of 
the  trustees,  is  hereby  author- 
ized to  proceed  in  a  summary 
manner  by  motion  in  the  dis- 
trict court,  to  recover  and  col- 
lect the  same  for  the  use  of  the 
township  or  an  other  person  or 
party  entitled  to  the  same. — 
From  Laws  of  the  Territory  of 
Iowa,  1841-1842,  p.  99. 

By  an  act  approved  on  June  5,  1845,  the  law  of  1842 
providing  for  the  organization  of  townships  was  amended 
not  only  by  making  the  trustees  the  judges  of  election  but 
also  by  giving  them  certain  powers  of  appointment.  In 


township  clerk,  by  order  of  the 
trustees,  is  hereby  authorized 
to  sue  for  and  collect  the  same, 
for  the  use  of  the  township. — 
From  Chase 's  Statutes  of  Ohio, 
Vol.  II,  p.  1089. 


36  TOWNSHIP  GOVERNMENT  IN  IOWA 

addition  they  became  by  virtue  of  their  office  overseers  of 
the  poor  and  fence  viewers,  while  the  township  clerk  was 
authorized  to  act  as  one  of  the  clerks  of  the  election.  The 
provisions  of  this  amendatory  act  have  to  do  chiefly  with 
township  elections  and  township  roads.23 

The  final  act  of  the  Iowa  Territorial  legislature  rela- 
tive to  townships  was  special,  applying  only  to  the  county 
of  Dubuque.  It  provided  that  at  the  April  election  of 
1846  in  Dubuque  County  opportunity  might  be  given  for 
an  expression  on  the  part  of  the  electors  for  and  against 
township  organization.  Furthermore,  it  was  stated  in 
the  act  that  the  judges  of  election  should  "interrogate 
each  qualified  elector ' '  of  the  county  as  to  whether  he  was 
in  favor  of  or  against  such  organization.24  The  records 
of  Dubuque  County,  however,  do  not  appear  to  contain 
any  returns  of  the  vote  taken  under  this  law,  which  pro- 
vided that  the  judges  of  election  should  ' l  certify  the  num- 
ber of  votes  received  for  and  against  township  organiza- 
tion, and  shall  transmit  the  same  to  the  clerk  of  the  board 
of  county  commissioners,  whose  duty  it  shall  be  to  ex- 
amine, as  other  election  returns,  and  publish  the  number 
of  votes,  for  and  against  such  organization  in  a  news- 
paper in  the  county  of  Dubuque ".  Since,  however,  the 
township  organization  was  continued  and  practically 
completed  in  that  county  before  1849,  one  may  conclude 
that  the  vote  was  not  against  township  organization. 
Nor  is  there  any  mention  in  the  records  of  the  county 
commissioners  of  Dubuque  County  that  the  question  was 
even  submitted  to  the  voters  in  April,  1846,  notwith- 
standing the  law  provided  that  a  poll  should  be  opened 
for  the  purpose  of  receiving  such  a  vote. 


IV 

THE  PERIOD  OF  THE  COMMONWEALTH 
1846-1914 

THE  Constitution  of  1846  provided  in  Article  XIII  that 
all  laws  then  in  force  in  the  Territory  should  so  continue 
until  they  expired  through  their  own  limitations  or  were 
altered  by  the  General  Assembly  of  the  State.  Conse- 
quently the  laws  passed  by  the  Legislative  Assembly 
relative  to  townships  or  officers  therein  remained  in  effect 
until  January,  1847,  when  the  law  of  1842  was  amended. 
It  was  then  declared  that  the  county  commissioners  need 
not  delay  the  establishment  and  organization  of  town- 
ships until  they  had  secured  an  expression  of  opinion 
from  the  electors,  nor  indeed  for  any  unnecessary  rea- 
son; but  they  should  proceed  "as  early  as  practicable " 
to  divide  their  counties  into  townships.  This  applied  not 
only  to  all  counties  then  organized  and  up  to  that  time 
not  divided  into  townships,  but  also  to  counties  attached 
for  election  and  judicial  purposes  to  counties  already 
organized,  thus  requiring,  it  appears,  the  organization  of 
townships  throughout  the  State.  Moreover,  the  usual 
elections  were  to  be  called  at  places  named  by  the  county 
commissioners.25 

A  special  act  of  1847,  establishing  a  precinct  in  Farm- 
ington  Township,  Van  Buren  County,  contained  more 
than  ordinary  provisions  governing  such  cases,  since  it 
provided  for  the  election  of  two  additional  trustees  for 
the  precinct,  which  in  this  instance  was  a  subdivision  of  a 

37 


38  TOWNSHIP  GOVERNMENT  IN  IOWA 

township.  These  trustees  were  to  be  chosen  annually 
and  to  be  governed  by  all  the  regulations  and  penalties 
found  in  the  law  relating  to  the  trustees,  of  the  township. 
This  act,  it  appears,  authorized  the  election  of  five  trus- 
tees in  a  single  township  as  then  organized.26 

Again,  in  1848  the  General  Assembly  passed  a  special 
act  establishing  Lake  Prairie  Township  in  Marion  Coun- 
ty, naming  in  the  act  the  ' '  house  of  H.  P.  Scholte  in  said 
township ' '  as  the  polling  place  for  an  election  which  was 
to  occur  in  the  following  April.  This  law  is  of  special 
interest  since  it  was  passed  in  response  to  a  petition 
from  the  body  of  settlers  who  had  recently  arrived  from 
Holland,  and  who  had  located  upon  lands  in  Marion 
County.  Moreover,  by  this  same  act  they  were  granted 
power  to  organize  a  township  government  before  they 
had  obtained  the  full  rights  of  Aonerican  citizens.  It  is 
certain  also  from  the  results  of  the  election  held  in  April, 
1848,  that  these  people  elected  the  officers  provided  for 
by  the  act  of  the  Territorial  legislature  of  1842  instead 
of  those  provided  for  in  the  later  act  of  1845,  since  in  the 
act  of  1845  the  trustees  were  made  fence  viewers  and 
overseers  of  the  poor.27 

All  laws  relating  to  township  organization  so  far  as 
they  applied  to  Scott  County  were  repealed  in  1849. 
There  was  a  provision,  however,  that  the  electors  might 
determine  by  ballot  whether  such  organization  should  be 
retained.  By  this  authority  the  county  might  vote  to 
return  to  the  precinct  system;  and  if  such  a  vote  should 
result  in  the  change  to  precincts  "the  boundaries  of  said 
townships"  should  remain  "as  the  boundaries  of  election 
precincts".  Furthermore,  school  officers  chosen  at  pre- 
vious township  elections  were  to  be  considered  in  all 
respects  as  school  officers  of  the  precincts  which  should 


THE  PERIOD  OF  THE  COMMONWEALTH          39 

take  the  place  of  townships.28  On  this  question  there 
appears  to  be  no  account  of  a  vote  in  the  records  of  the 
county. 

In  Scott  County,  moreover,  the  organization  of  the 
townships  in  the  beginning  does  not  appear  to  be  the 
same  as  in  other  counties.  Whether  one  should  date  the 
township  organization  from  the  time  the  precincts  were 
described  and  the  boundaries  recorded  or  from  the  record 
made  in  the  year  that  Iowa  became  a  State  may  be  deter- 
mined best,  perhaps,  by  the  functions  of  officials  as  found 
in  the  several  precincts.  It  appears  further  that  the 
proceedings  of  the  commissioners  with  reference  to  the 
precincts  were  similar  to  what  occurred  with  reference 
to  townships  when  organized.  This  final  resolution  of 
the  commissioners  declares  "that  the  township  lines  as 
now  [January  9,  1846]  organized  by  this  board  remain 
the  same  as  the  precinct  lines  heretofore  established  ex- 
cept the  township  of  Eockingham. ' '  The  north  line  of 
the  "  township "  of  Eockingham  as  named  here  was 
slightly  modified.  Strictly  it  was  a  "precinct"  and  not  a 
"  township  "  until  the  order  was  passed.  It  is  noticeable, 
however,  that  "  township "  is  often  used  in  referring  to 
"precincts";  and  in  the  records  of  Scott  County  it  ap- 
pears that  from  the  beginning  precincts  were  known  by 
names  and  never  by  number.29 

The  Code  of  Iowa  which  was  approved  on  February 
5,  1851,  contains  very  little  to  suggest  the  details  of  the 
earlier  legislation  relative  to  townships  and  their  organ- 
ization; but  a  careful  examination  of  its  provisions  re- 
veals the  fact  that  the  general  features  of  the  earlier 
laws  were  preserved.  The  "county  court",  soon  to  con- 
sist of  one  individual,  presiding  as  county  judge,  was 
required  to  exercise  control  over  the  establishment  of 


40  TOWNSHIP  GOVERNMENT  IN  IOWA 

townships  —  the  boundaries  of  which  should  conform 
whenever  practicable  to  the  congressional  township 
lines.30 

Upon  the  organization  of  counties  in  the  western  part 
of  the  State  in  1853  each  county  constituted  at  the  same 
time  a  single  township.  For  instance,  Cass  County  was 
composed  of  one  township  during  its  temporary  organ- 
ization, Audubon  of  one,  and  Adair  of  one  —  these  three 
together,  as  the  law  states,  constituting  the  county  of 
Cass  for  election,  revenue,  and  judicial  purposes.  The 
same  provision  was  made  for  Montgomery  and  Union 
counties,  which  were  attached  to  Adams  County.  Again, 
it  appears  that  two  precincts  were  formed  in  the  county 
of  Shelby  to  which  Crawford  and  Carroll  were  attached 
for  election,  revenue,  and  judicial  purposes.  In  sparsely 
settled  sections  of  the  northwestern  part  of  the  State  the 
same  plan  was  followed  with  larger  groups  of  counties.31 

A  special  act  provided  in  1860  for  the  attachment  of 
Van  Buren  Township  in  Lee  County  to  three  other  town- 
ships "for  judicial  purposes",  thus  repeating  the  custom 
of  the  national  government  in  uniting  Territories  for  the 
purposes  of  temporary  government  or  of  the  Territorial 
governments  in  uniting  counties.  This  appears  to  be  a 
natural  arrangement  resulting  from  the  mode  of  settling 
the  Territory.32  Furthermore,  the  civil  township  author- 
ities were  required  in  certain  emergencies  to  assume  the 
duties  of  officers  of  other  jurisdictions.  When  a  town- 
ship was  set  off  as  a  school  district  or  when  a  district  was 
left  without  any  officers,  for  instance,  the  trustees  of  the 
civil  organization  were  required  to  call  a  meeting  for  the 
necessary  election.33 

With  the  change  in  county  government  which  fol- 
lowed the  breakdown  of  the  county  judge  system  the 


THE  PERIOD  OP  THE  COMMONWEALTH          41 

principle  of  township  representation  in  the  county  board 
of  supervisors  appears.  But  in  this  connection  it 
should  be  observed  that  the  name  "supervisor"  as  used 
under  the  jurisdictions  of  Michigan  and  Wisconsin  does 
not  signify  the  same  duties  in  township  affairs  as  is  im- 
plied when  the  term  is  used  in  later  laws. 

By  an  act  which  became  effective  on  July  4, 1860,  each 
township  was  required  to  elect  one  supervisor  at  the  elec- 
tion next  following.  These  several  supervisors,  coming 
into  office  on  January  1,  1861,  formed  the  county  board. 
And  this  was,  indeed,  the  fourth  system  of  county  govern- 
ment experienced  in  some  of  the  earlier  counties  during  a 
period  of  twenty-five  years.  Under  this  plan,  which  was 
not  new,  each  township  of  four  thousand  population  or 
less  was  entitled  to  one  supervisor,  and  for  a  fraction  of 
four  thousand  additional  population  up  to  eight  thousand 
another  member  of  the  county  board,  with  one  member 
for  each  four  thousand  thereafter.  The  county  board, 
therefore,  depended  for  its  membership  (1)  upon  the 
number  of  townships  in  the  county  and  (2)  upon  the  pop- 
ulation of  these  several  election  districts.34 

In  1862  authority  was  conferred  upon  the  county 
board  of  supervisors  —  which  from  January  1,  1861,  to 
the  present  time  has  existed  under  that  title  —  to  create 
within  any  township  two  or  more  election  precincts  pro- 
vided there  had  been  cast  at  the  last  general  election 
more  than  one  thousand  votes.  The  necessary  record  in 
this  proceeding  corresponded  very  closely  to  that  for 
township  organization  as  described  in  previous  laws. 
Under  the  precinct  system,  however,  the  township  officers 
did  not  cease  to  control  the  returns  of  all  elections  within 
the  township.  The  act  merely  limited  the  voting  areas 
and  provided  for  a  larger  number  of  election  officials.35 


42  TOWNSHIP  GOVERNMENT  IN  IOWA 

According  to  the  legislation  of  1862  a  township  must 
contain  at  least  ten  legal  voters  before  a  separate  organ- 
ization was  permitted,  but  each  county  should  contain  at 
least  one  civil  township.  If  the  county  included  but  one 
township  three  supervisors  were  provided  for ;  and  when 
only  two  townships  were  possible  one  member  of  the 
county  board  should  be  chosen  at  large.36  This  was  the 
number  of  members  provided  for  in  the  original  organiza- 
tion of  townships  in  the  Iowa  country  under  the  statutes 
of  the  Territories  of  Michigan  and  Wisconsin.  Further 
authority  was  granted  under  an  act  of  1862  whereby  the 
electors  of  an  organized  township  were  permitted  to  pre- 
sent a  petition  for  a  change  of  the  township  name,  and 
the  county  board  was  required  to  hear  arguments  for 
and  against  such  a  proposal.  This  appears  to  have  been 
true  also  in  regard  to  the  division  of  townships  and  the 
adjustment  of  boundaries.37 

It  was  not  until  1866  that  townships  were  declared  to 
be  health  districts,  wherein  the  expenses  incident  to  the 
enforcement  of  laws  relating  to  public  health  were  to  be 
collected  as  other  taxes.  The  general  powers  which  were 
conferred  upon  the  local  board  of  health  are  discussed 
below  under  the  heading  of  the  township  trustees,  who 
composed  this  body  (see  page  66),  and  also  in  connection 
with  the  township  clerk,  who  was  charged  with  the  care 
of  the  funds  (see  page  82).  With  slight  changes  this  law 
was  incorporated  in  the  Code  of  1873.  Additional 
authority  was  given  to  the  local  board  of  health  in  1892 
regarding  the  enforcement  of  quarantine  laws,  and  again 
in  1906  with  reference  to  the  care  of  persons  affected 
with  contagious  diseases.  In  the  act  of  1906  provision 
was  made  for  the  apportionment  of  the  costs  in  such 
cases,  whereby  the  township  bore  but  one-third  of  the 


THE  PERIOD  OF  THE  COMMONWEALTH          43 

expense,  which  was  assessable  only  after  review  and 
allowance  by  the  county  board.38 

The  power  to  levy  taxes  in  aid  of  railroad  construction 
was  conferred  upon  the  township  authorities  in  1868. 
On  the  presentation  of  a  petition  from  not  less  than  one- 
third  of  the  resident  taxpayers  in  the  township  the  ques- 
tion must  be  submitted  to  a  vote  of  the  electors.  An 
affirmative  vote  on  the  question  left  no  alternative  to  the 
trustees  concerned:  the  law  required  them  to  act  in  the 
premises  and  to  arrange  the  proposed  levy.39  The  legis- 
lation of  1868  was,  indeed,  the  beginning  of  a  series  of 
acts  upon  the  subject. 

In  1872  the  township  collector  or  county  treasurer 
was  prohibited  from  collecting  any  tax  voted  in  aid  of 
railroads  in  accordance  with  the  previous  act  of  the 
Thirteenth  General  Assembly,  which  had  reenacted  the 
law  of  the  Twelfth  General  Assembly  but  limited  the  levy 
to  five  per  cent  of  the  taxable  valuation,  provided  such 
collection  was  in  any  respect  contrary  to  the  express 
agreements  that  had  been  made.  In  other  words,  the  law 
made  it  perfectly  clear  that  no  railroad  company  could 
expect  to  collect  any  tax  levied  in  its  aid  until  the  town- 
ship officials  certified  to  the  fact  that  all  special  require- 
ments on  the  part  of  such  a  corporation  had  been  fully 
met.  Furthermore,  the  taxpayers  within  the  township 
must  have  sixty  days  notice  after  all  conditions  of  the 
contract  had  been  complied  with.  Then,  in  the  same  year, 
the  entire  law  governing  the  levying  of  taxes  in  the  aid 
of  railroads  was  repealed.40  Again  the  subject  was  re- 
vived by  an  act  permitting  the  transfer  to  another  com- 
pany of  a  tax  levied  in  a  township  where  it  had  been 
properly  voted  and  not  disposed  of  according  to  the 
contract  through  non-compliance  on  the  part  of  the  cor- 


44  TOWNSHIP  GOVERNMENT  IN  IOWA 

poration  for  whose  aid  it  was  originally  intended.  A 
petition  of  one-third  of  the  taxpayers  was  again  neces- 
sary, and  an  affirmative  vote  gave  authority  to  the  of- 
ficials to  act.41 

In  1874  all  taxes  assessed  in  townships  in  aid  of  rail- 
roads were  ordered  to  be  cancelled  when  four  years  had 
elapsed  from  the  time  of  the  levy;  and  when  work  had 
not  been  begun  in  good  faith  they  were  to  be  deemed  as 
forfeited.  While  all  legitimate  claims  were  still  binding 
upon  the  townships,  provisions  in  the  act  relieved  the 
local  authorities  from  enforcing  any  and  every  collection 
for  aid  not  strictly  in  accordance  with  the  agreement  and 
the  fulfillment.42  Nevertheless,  another  revival  of  the 
law  granting  permission  to  townships  to  levy  such  taxes 
appears  in  1876,  but  accompanied  by  certain  features 
which  aimed  at  the  protection  of  the  taxpayer.  The  pro- 
ceedings were  not  different;  but  the  petition  now  re- 
quired a  majority,  and  the  vote  in  favor  of  taxation  must 
include  two-thirds  of  the  electors.  Provisions  of  a  gen- 
eral nature  made  the  law  still  more  stringent  upon  the 
local  organization  than  any  previous  law  on  the  subject.43 

Certain  taxes  in  aid  of  railroads  voted  in  townships 
between  the  dates  of  January  1,  1868,  and  January  1, 
1875,  were  by  an  act  of  1878  ordered  cancelled  in  any 
instance  where  the  road  aided  had  not  been  built  as 
anticipated.44  It  was  but  two  days  after  this  law  had 
been  approved  that  the  law  of  1876  providing  for  a  two- 
thirds  vote  to  carry  a  proposition  for  taxation  to  aid 
railroad  construction  through  any  township  was  amended 
by  changing  the  ' ' two-thirds  "  to  a  " majority ",45  This 
illustrates  the  easy  method  of  securing  changes  in  what 
appears  to  be  a  minor  matter.  When,  however,  the  public 
again,  in  1880,  demanded  the  protection  of  the  statutes 


THE  PERIOD  OF  THE  COMMONWEALTH          45 

it  was  apparently  conceded  in  the  substantial  reenact- 
ment  of  the  law  of  1874.  The  act  of  1880  required  the 
cancellation  of  all  such  taxes  when  work  had  not  been 
begun  within  two  years  in  the  township,  or  in  any  in- 
stance where  the  time  was  not  specified.  Furthermore, 
to  secure  any  tax  in  the  future  actual  work  must  com- 
mence within  six  months  from  the  time  of  the  levy.46 

A  comprehensive  act  relating  to  taxes  in  aid  of  rail- 
roads, which  repealed  all  previous  laws,  was  approved  on 
April  5,  1884.  This  new  legislation,  under  which  town- 
ships might  vote  aid  to  railroads  including  provisions 
found  in  previous  laws  protecting  the  taxpayer,  with  an 
additional  feature  whereby  an  equivalent  value  was  re- 
quired from  all  corporations  in  the  form  of  "stock"  for 
the  amount  of  tax  paid.  Again  cancellation  was  the 
penalty  for  failure  to  comply  with  the  conditions  of  the 
contract  within  one  year ;  and  specific  provisions  required 
the  costs  of  all  elections  upon  the  question  of  taxation  in 
aid  of  such  corporations  to  be  paid  by  the  company  con- 
cerned. In  1902  an  amendment  to  this  law,  which  had 
been  retained  in  the  Code  of  1897,  was  found  necessary 
on  account  of  the  construction  of  trolley  or  electric  rail- 
ways. The  act  empowers  townships  to  vote  aid  to  such 
corporations,  and  all  of  its  provisions  apply  to  these 
forms  of  transportation.47 

Another  form  of  township  aid  to  public  enterprises, 
under  specified  conditions,  is  found  in  a  law  of  1882.  It 
was  possible  under  that  act  for  townships  to  vote  aid  in 
the  construction  of  bridges,  the  estimated  cost  of  which 
was  not  less  than  ten  thousand  dollars.  Here,  again,  a 
majority  of  the  "resident  property  taxpayers "  were  re- 
quired to  present  a  petition  for  the  submission  of  the 
question  to  the  township  electors.  Thereafter  a  majority 


46  TOWNSHIP  GOVERNMENT  IN  IOWA 

vote  was  required  for  approving  the  levy,  which  could 
not  be  greater  than  five  per  cent  as  in  the  case  of  rail- 
roads. Furthermore,  such  levy  must  not  exceed  one-half 
the  estimated  cost  of  the  structure,  and  the  taxpayers 
were  authorized  to  specify  in  their  petition  the  conditions 
upon  which  the  county  board  might  order  payment  of  any 
money  so  voted  in  the  township.48 

In  1896  provision  was  made  for  another  special  town- 
ship tax.  A  majority  petition  might  secure  a  vote  upon 
the  question,  " Shall  a  tax  be  levied  for  a  public  hall?". 
An  affirmative  vote  made  such  a  tax  collectible  in  the 
usual  manner  up  to  " three  mills  on  the  dollar",  and 
when  collected  it  was  payable  to  the  township  clerk  and 
by  him  applied  in  payment  for  the  construction  on  orders 
from  the  township  trustees,  who  by  virtue  of  the  act  be- 
came the  building  committee.  It  was  provided  also  that 
the  location  should  be  such  that  the  greatest  number  of 
taxpayers  might  be  accommodated.  Again,  an  annual 
tax  of  not  to  exceed  one-half  mill  in  any  year  was  per- 
mitted for  the  equipment  and  maintenance  of  such  a 
building.49 

An  act  approved  on  April  5,  1906,  is  the  most  recent 
legislation  providing  for  a  special  township  tax.  This 
statute  relates  to  the  power  of  the  township  to  contract 
with  the  trustees  of ' " any  free  public  library"  for  the  use 
of  the  same  on  terms  equivalent  to  those  granted  to 
citizens  within  any  corporation  possessing  such  an  insti- 
tution. In  such  cases  a  petition  signed  by  a  majority  of 
the  resident  freeholders  was  necessary.  Thereafter  a  tax 
of  one  mill  as  a  maximum  might  be  levied  —  the  proceeds 
to  be  known  as  a  "library  fund"  and  to  be  used  for  no 
other  purpose.  It  may  be  noted  in  this  connection  that 
such  action  required  no  vote,  only  a  majority  petition. 


THE  PERIOD  OF  THE  COMMONWEALTH          47 

An  amendment,  however,  has  so  changed  this  law  that  a 
petition  is  no  longer  necessary.50 

Again  at  the  session  of  the  General  Assembly  begin- 
ning on  January  8,  1906,  civil  townships  were  authorized 
to  receive  gifts  in  the  form  of  "  money  or  property  for 
the  purpose  of  establishing  and  maintaining  libraries, 
township  halls,  cemeteries,  or  for  any  other  public  pur- 
pose/' In  order  to  make  such  gifts  or  bequest  effectual 
it  becomes  necessary  for  the  township  trustees  to  accept 
the  same  by  a  proper  resolution,  which  it  is  assumed  is 
to  become  a  part  of  the  record,  although  this  provision  is 
not  a  part  of  the  act.51 

Among  the  statutory  provisions  relative  to  townships 
which  appear  in  the  laws  of  1868  there  is  found  a  clause 
providing  for  a  "board  of  registry ",  consisting  of  the 
township  trustees  and  the  clerk.  According  to  the  re- 
quirements of  the  act  this  ' 'board  of  registry "  must 
assemble  annually  at  the  office  of  the  township  clerk  on 
the  first  Monday  in  September  "for  the  purpose  of  mak- 
ing a  list  of  all  qualified  electors ' '  in  the  township.  The 
law  required  the  assessor  to  furnish  such  information  as 
they  were  supposed  to  need,  or  they  must  obtain  it  from 
the  poll  books  used  in  previous  elections.  A  second  ses- 
sion of  this  board  was  required  previous  to  the  general 
election  for  the  purpose  of  revising  the  lists.  Some  con- 
venient point  must  be  selected;  and  the  members  were 
required  to  remain  in  session  until  all  due  corrections 
were  made. 

It  appears,  also,  that  the  registry  board  had  full  power 
to  determine  the  suffrage  rights  of  all  township  electors ; 
and  they  were  specifically  enjoined  to  perform  such  acts 
as  were  necessary  to  insure  a  fair  vote  in  all  elections, 
general  or  special.  In  fact  the  law  deals  chiefly  with 


48  TOWNSHIP  GOVERNMENT  IN  IOWA 

elections,  the  controlling  factor  in  the  township  being 
the  registry  board.  For  services  in  this  capacity  the 
members  were  allowed  compensation  equivalent  to  that 
of  judges  of  election.52  Again  when  new  townships  were 
formed  the  board  of  registry  of  the  township  from  which 
the  new  territory  was  taken  was  required  to  furnish  a 
list  of  the  registered  legal  voters  to  the  judges  of  election 
in  the  new  township.  The  Code  of  1873,  however,  pro- 
vided that  the  law  referred  to  should  become  applicable 
only  in  townships  having  six  thousand  or  more  popula- 
tion.53 

Another  provision,  relating  to  the  election  of  road 
supervisors  and  assessors  appeared  in  1878,  when  the 
law  required  the  separate  ballot  boxes  for  each  road  dis- 
trict to  be  numbered ;  and  the  voter  was  required  to  place 
his  ballot  in  the  box  which  corresponded  with  his  place  of 
residence.  In  a  similar  manner  the  assessors  in  an  incor- 
porated town  and  in  the  township  lying  without  its  limits 
were  to  be  elected.54 

The  change  to  biennial  elections  in  1906  required  an 
amendment  to  the  law  relative  to  the  election  of  township 
trustees.  Since  their  term  of  office  expired  at  different 
times  according  to  the  law  of  1878,  the  act  of  1906  pro- 
vided for  their  election  for  two  years  in  1908  and  every 
two  years  thereafter.55  It  appears,  furthermore,  that  the 
usual  provision  for  elections  in  new  townships  was  over- 
looked in  1906,  and  so  the  General  Assembly  in  1907 
added  another  section  to  the  law  of  1906,  in  which  it  was 
declared  that  when  new  townships  are  organized  the 
county  board  is  authorized  to  call  an  election  for  all 
township  officers.  These  officers,  however,  are  to  con- 
tinue in  office  only  until  those  chosen  at  the  following 
regular  election  have  qualified.56 


THE  PERIOD  OF  THE  COMMONWEALTH          49 

In  the  laws  of  1870  a  provision  was  incorporated 
which  made  the  township  a  district  for  the  equalization 
of  taxes.  The  trustees  were  now  required  to  adjust  the 
assessment  in  the  township  in  the  same  manner  as  the 
county  supervisors  were  directed  to  act  with  reference 
to  the  townships  within  the  county.  Acting  thus  as  an 
equalizing  board  they  were  required  to  listen  to  griev- 
ances and  to  adjust  the  same  in  accordance  with  their 
own  judgment.57  This  act  being  amended  in  1880,  it  be- 
came necessary  thereafter  for  the  board  to  publish  at 
their  first  meeting  the  names  of  all  persons  whose  assess- 
ment was  to  be  raised,  and  to  hold  an  adjourned  session 
before  final  action.  Opportunity  was  thus  provided  for 
individuals  to  appear  in  their  own  behalf  if  any  were  dis- 
satisfied with  their  assessment.58 

When  the  incorporated  town  became  a  problem  in  the 
township  —  probably  because  it  was  able  to  control  the 
government  locally  —  the  General  Assembly,  in  1872,  pro- 
vided for  a  separation  of  the  two  organizations  whenever 
the  town  included  a  population  of  four  thousand  or  more. 
In  order  to  accomplish  such  a  division  it  was  necessary 
that  a  majority  of  all  the  legal  voters  outside  the  cor- 
poration should  present  a  petition  to  the  board  of  super- 
visors requesting  such  action.  Previous  notice  having 
been  given  according  to  the  law,  the  county  board  was 
authorized  to  divide  the  township  and  provide  for  the 
election  as  in  the  formation  of  new  townships.  The  trus- 
tees and  the  clerk  of  the  recently  divided  township  were, 
however,  required  to  make  a  choice  of  three  persons  to 
act  as  trustees  and  one  to  act  as  clerk  in  the  preparation 
of  the  registry  lists  as  provided  under  previous  laws  and 
to  function  in  the  first  election.  Furthermore,  the  regu- 
larly constituted  board  was  required  to  continue  to  act 


50  TOWNSHIP  GOVERNMENT  IN  IOWA 

with  the  new  members  in  the  preparation  of  the  voting 
lists.  This  legislation  has  been  frequently  applied.59 

An  amendment  of  1884  reduced  the  population  re- 
quired before  a  division  could  be  asked  for,  to  fifteen 
hundred.  It  further  provided  for  a  remonstrance,  as 
well  as  a  petition ;  and  a  hearing  of  both  sides,  in  case  it 
was  desired,  must  be  granted  also  by  the  county  board 
before  final  action  was  taken  upon  any  such  division.60 
At  the  very  next  session  of  the  General  Assembly  this  law 
was  amended  by  adding  the  provision  "that  when  the 
citizens  of  any  township  so  set  off  desire  to  dissolve  their 
township  organization  and  return  again  to  the  township 
from  which  they  were  taken,  they  may  do  so  by  the  same 
procedure " — except,  as  the  law  states,  that  the  petition 
"shall  be  signed  by  a  majority  of  the  electors  of  both 
townships."61 

In  1892  the  offices  of  township  trustee  and  clerk  were 
abolished  in  cities  of  seven  thousand  or  less,  wherein 
there  was  one  civil  township  the  boundaries  of  which 
were  coincident  throughout  with  the  city  boundaries. 
The  duties  heretofore  required  of  these  officers  were  now 
to  be  performed  by  the  city  council  and  the  city  clerk, 
respectively.  Furthermore,  the  "money  and  assets"  of 
the  civil  township  became  the  property  of  the  city  which 
controlled  them  thereafter.  Funds  in  the  hands  of  the 
township  clerk  were  now  to  be  surrendered  to  the  city 
treasurer,  who  must  furnish  the  necessary  bond  and  dis- 
burse them  in  the  same  manner  and  for  the  same  pur- 
poses as  required  by  law  for  the  disposition  of  township 
funds.  The  city,  moreover,  was  required  to  assume  all 
debts  of  the  township.62 

Legislation  in  1890  gave  to  county  boards  authority  to 
change  township  boundaries  in  order  to  make  them  con- 


THE  PERIOD  OF  THE  COMMONWEALTH          51 

form  to  the  limits  of  cities  and  "to  make  such  other 
changes  in  Township  lines  and  the  number  of  Townships 
as  they  may  deem  necessary ".  It  was  definitely  stated, 
however,  that  no  such  change  should  affect  the  existing 
boundaries  of  school  districts.  This  act  related  to  cities 
of  which  at  that  time  there  was  not  more  than  one  in  the 
State.63  In  general  the  lines  of  civil  townships  can  not  be 
changed  if  by  so  doing  a  school  district  or  subdistrict  is 
divided,  unless  such  changes  are  made  to  cause  the  civil 
township  boundary  to  coincide  with  that  of  the  congres- 
sional township.  Only  on  petition  from  residents  of  the 
district  is  such  action  permitted.64 

Closely  related  to  the  above  acts  and  inseparable  from 
civil  township  legislation  in  general,  there  is  in  an  act 
approved  on  April  24,  1872,  a  provision  for  forming  a 
district  township  from  a  portion  of  an  independent  school 
district.  It  was  declared  in  the  act  that  when  such  an 
independent  district  embraced  "a  part  or  the  whole  of  a 
civil  township ' ',  wherein  there  was  no  ' '  separate  district 
township  organization ' ',  the  directors,  upon  the  petition 
of  two-thirds  of  the  electors  residing  within  the  inde- 
pendent district,  should  "set  off "  the  territory  named  to 
be  organized  as  a  district  township  in  the  same  manner 
as  in  the  organization  of  such  districts  in  a  new  civil 
township.  A  further  provision  of  this  act  required  the 
board  of  directors  to  restore  any  portion  of  a  district 
"set  into  an  adjoining  county  or  township"  to  the  town- 
ship in  which  it  geographically  belonged,  upon  request  of 
two-thirds  of  the  electors  residing  in  that  portion  of  the 
township  upon  which  the  schoolhouse  was  not  situated.65 

Since  1851  counties  have  had  the  privilege  of  adopting 
a  herd  law.  It  was  not  until  1872,  however,  that  town- 
ships were  granted  such  authority.  Upon  the  presenta- 


52  TOWNSHIP  GOVERNMENT  IN  IOWA 

tion  of  a  petition  from  one-third  of  the  legal  voters  re- 
questing a  vote  upon  the  question  of  restraining  stock  a 
proposition  must  be  submitted  in  the  usual  manner,  afte? 
due  notice  of  four  weeks  before  the  following  general 
election.  Should  such  a  measure  secure  an  affirmative 
vote,  a  notice  of  ninety  days  must  be  given  before  it  be- 
came effective.  The  clerk  was  required  to  post  the  result 
of  such  an  election  in  five  public  places  in  the  township 
within  ten  days  after  the  election.66  This  provision  does 
not  appear  in  the  Code  of  1897. 

An  act  of  1876,  made  more  effective  by  an  amendment 
in  1902,  authorized  the  township  to  levy  a  tax  for  the 
purchase  and  maintenance  of  plats  of  land  for  cemetery 
purposes.  The  original  act  empowered  the  township 
trustees  not  only  to  condemn  land  for  the  survey  but  also 
to  transfer  lots  for  such  purposes.  The  same  officers 
were  authorized  to  control  the  plat  or  to  appoint  a  special 
board  with  full  power  to  act.  Furthermore,  such  a  tract 
might  be  disposed  of  to  a  private  corporation,  provided 
it  was  maintained  for  the  same  purpose.  The  later  action 
of  1902  authorized  a  similar  tax  in  aid  of  a  cemetery  in 
an  adjoining  township,  if  the  township  trustees  should 
deem  such  action  advisable.67 


PAET  II 

THE  OFFICERS  OF  THE  TOWNSHIP  IN 

IOWA 


53 


THE  TOWNSHIP  TRUSTEES 

IN  the  Territory  of  the  Northwest  it  appears  that  town- 
ship trustees  or  managers  were  named  among  the  town- 
ship officers  in  a  law  of  1802.  Duly  chosen  by  the  electors 
of  the  Territory,  the  first  required  duty  of  these  township 
trustees  appears  to  have  been  the  dividing  of  their  re- 
spective townships  into  road  districts,  over  each  of  which 
they  were  authorized  to  appoint  a  1 1  supervisor  of  roads ' '. 
As  managers  of  all  township  affairs  they  were  to  fill 
vacancies  in  office  by  appointment,  to  call  township  meet- 
ings, and  to  audit  claims  which  were  to  be  paid  upon  their 
order.  Moreover,  other  township  officers  were  required 
to  settle  their  accounts  with  the  trustees.68  According  to 
a  law  of  Ohio  in  1806  as  soon  as  there  were  twenty  quali- 
fied electors  in  "original  surveyed "  townships  three  trus- 
tees were  to  be  elected  for  the  care  of  section  sixteen, 
known  as  the  school  lands.69  This  was  their  sole  duty 
until  1810  when  another  law  placed  the  twenty-ninth  sec- 
tion, or  lands  "set  apart  for  the  support  of  the  gospel", 
under  the  care  of  the  same  officials.70 

From  these  laws  and  others  of  the  same  period  one 
must  conclude  that  two  classes  of  trustees  existed  at  the 
same  time  in  the  State  of  Ohio  —  trustees  of  civil  town- 
ships and  trustees  of  original  surveyed  townships.  Trus- 
tees of  the  civil  township  had  numerous  duties;  while 
trustees  of  original  surveyed  townships  were  assigned  the 
one  specific  duty  of  caring  for  public  lands.  The  duties 

55 


56  TOWNSHIP  GOVERNMENT  IN  IOWA 

of  the  trustees  in  civil  townships  were  increased  rather 
than  diminished,  and  in  certain  instances  they  performed 
functions  which  under  other  conditions  belonged  to  the 
trustees  of  the  original  surveyed,  or  congressional  town- 
ship as  it  is  now  usually  designated.71 

In  the  laws  of  Michigan  and  Wisconsin  prior  to  the 
organization  of  the  Territory  of  Iowa  no  provision  ap- 
pears concerning  such  officers  as  township  trustees  or 
managers.72  The  first  Iowa  law  providing  for  the  organ- 
ization of  townships  was  enacted  by  the  Territorial  legis- 
lature in  1840  and  the  elective  officers  enumerated  in  that 
act  included  three  trustees,  who  should  continue  in  office 
until  their  successors  had  qualified.  As  suggested  in  the 
comparison  above  (page  27)  the  Ohio  statute  of  1804  was 
evidently  consulted  in  drafting  this  bill.73  By  the  pro- 
visions of  the  act  of  1840  the  trustees  were  made  respon- 
sible for  the  general  conduct  of  affairs  in  the  township, 
for  calling  the  annual  meeting,  for  filling  vacancies  in 
office,  and  for  hearing  petitions  on  matters  of  business  to 
come  before  the  township  meeting  and  on  the  opening  of 
roads.  They  became,  furthermore,  ex  officio  judges  of 
the  general  election  in  their  respective  townships  with 
power  to  appoint  the  necessary  clerks.  In  addition  to 
exemption  from  labor  upon  the  roads,  their  compensation 
depended  upon  the  will  of  the  electors,  who,  at  the  annual 
meeting,  might  allow  a  sum  to  be  paid  from  the  township 
treasury.74 

In  1842  the  trustees,  on  the  authority  of  the  township 
electors,  or  when  in  their  opinion  it  was  necessary  for  the 
support  of  the  poor  within  their  township,  were  author- 
ized to  levy  a  property  tax  according  to  the  laws  of  the 
Territory  governing  the  revenue.  In  the  act  of  1840  the 
township  had  been  empowered  to  levy  such  a  tax,  but 


THE  TOWNSHIP  TRUSTEES  57 

what  officer  or  officers  should  act  was  not  specified.75  It 
was  further  provided,  in  1845,  that  the  trustees  should 
become,  by  virtue  of  their  office,  "overseers  of  the  poor 
and  fence-viewers,  for  their  respective  townships ".  By 
that  law  they  were  required  also  to  establish  township 
roads,  under  certain  restrictions  which  related  to  prop- 
erty owners  and  the  dimensions  of  such  township  road- 
ways.76 

The  earliest  laws  of  Iowa,  as  stated  above,  designate 
the  township  trustees  as  a  general  election  board ;  and  it 
appears  that  their  duty  with  reference  to  elections  has 
continued  from  that  time  to  the  present,  modified  to  be 
sure  by  statutes  making  changes  in  the  management  of 
elections.  As  stated  also,  the  trustees  in  1868  were  made 
a  registry  board,  with  duties  as  outlined  above  (page  47). 
Then  in  1872  it  was  provided  that  if  an  error  should 
occur  in  balloting  for  a  township  officer  at  a  special  elec- 
tion a  new  vote  might  be  taken  at  the  discretion  of  the 
trustees.77 

Until  1878  the  term  for  which  the  trustees  were  elected 
remained  at  one  year.  Provision  was  then  made  by  which 
they  were  elected  for  three  years,  their  respective  terms 
in  the  beginning  being  determined  by  lot  by  the  board  of 
canvassers  so  that  one  retired  from  office  at  the  end  of 
each  year,  thus  making  the  board  of  township  trustees  a 
perpetual  body.78  Upon  the  adoption  of  the  biennial 
election  law  in  1906  the  term  of  office  of  the  township 
trustees  was  fixed  at  two  years  and  all  three  were  to  be 
elected  at  the  same  time.79 

When,  in  1878,  two  assessors  were  provided  for,  one 
within  the  incorporated  town  and  one  without  (the  area 
being  comprised  in  the  same  township),  the  trustees  were 
instructed  to  prepare  two  ballot  boxes  for  such  elections. 


58  TOWNSHIP  GOVERNMENT  IN  IOWA 

Again,  by  the  same  act,  the  ballot  box  for  supervisors  of 
road  districts  was  prescribed,  the  trustees  being  directed 
to  provide  one  with  compartments,  numbered  to  cor- 
respond with  the  districts  in  the  townships.  As  super- 
visors of  elections  the  trustees  were  likewise  to  direct  the 
voting  so  that  those  qualified  to  vote  in  the  various  road 
districts  should  deposit  their  ballots  in  accordance  with 
the  numbered  compartments.80 

The  election  law  of  1892,  which  provided  for  the  secret 
Australian  ballot,  made  the  trustees  responsible  for  all 
the  equipment  for  which  that  law  called  —  a  suitable  place 
for  locating  the  booths,  a  sufficient  number  of  the  same, 
with  the  supplies  of  "shelves,  pens,  penholders,  ink,  blot- 
ters and  pencils",  and  other  necessary  appurtenances. 
The  details  as  to  all  local  arrangements  were  left  to  the 
trustees;  who  were  directed  to  so  construct  the  booths 
that  they  might  become  permanent  property  to  be  pre- 
served by  the  township  authorities.81 

While  the  estimate  of  taxes  necessary  for  township 
purposes  had  been  one  of  the  functions  of  the  trustees 
since  the  adoption  of  the  law  of  1840,  they  were  not,  how- 
ever, authorized  to  act  as  a  "  board  of  equalization  "  until 
1870.  By  the  law  then  enacted  the  trustees  were  directed 
to  act  for  their  respective  townships  in  the  assessment  of 
property  taxes  ' t  so  far  as  is  practicable  as  is  done  by  the 
board  of  supervisors  between  the  several  townships." 
Acting  thus  as  an  equalizing  board  they  were  required  to 
hold  annual  meetings  to  adjust  differences  in  valuation, 
to  correct  errors,  and  to  add  to  or  subtract  from  the 
assessment  roll.  Any  person  aggrieved  was  privileged  to 
appear  and  make  objections  to  his  assessment,  which  the 
board  was  instructed  to  correct  in  a  "  just  and  equitable" 
manner.82 


THE  TOWNSHIP  TRUSTEES  59 

Although  the  power  to  estimate  the  tax  levy  is  implied 
in  the  provision  for  township  control  in  building  roads, 
public  buildings,  providing  for  library  facilities  or  other 
similar  advantages,  the  law  had  necessarily  to  declare 
definitely  when  and  for  what  purpose  such  a  levy  should 
be  made.  The  trustees,  in  1876,  were  empowered  to  con- 
demn land  for  cemetery  purposes  and  to  pay  for,  improve, 
and  maintain  the  same  out  of  the  general  township  fund. 
They  were  authorized  also,  in  1896,  to  certify  a  tax  for  a 
town  hall,  to  act  as  the  building  committee  for  such  a 
structure,  and  to  provide  for  its  equipment  and  main- 
tenance, as  well  as  to  make  regulations  controlling  its 
management.  The  tax  for  this  purpose  was  collectible 
as  other  township  taxes.83  The  trustees  were  likewise 
given  authority  in  1906  to  contract  for  library  facilities, 
which  required  another  tax  levy  (see  above  p.  46).  Action 
on  this  matter  under  the  first  law  required  a  petition; 
but  in  1907  the  statute  was  so  amended  that  a  petition 
was  no  longer  necessary.  Accordingly  the  trustees  may 
now  act  upon  their  own  responsibility.84 

When  matters  relative  to  the  construction,  improve- 
ment, and  maintenance  of  roads  and  highways  were 
placed  under  local  control  the  trustees  were  assigned  new 
duties.  It  was  not,  however,  until  1853  that  the  control 
of  the  roads  and  highways  lying  within  the  boundaries  of 
a  township  was  finally  left  to  the  township  authorities. 
Then  the  trustees  were  required  to  meet  on  the  first  Mon- 
day in  March  of  each  year  for  the  purpose  of  "setting 
off "  and  determining  the  number  of  the  road  districts  in 
their  respective  townships.  The  law  declared  that  their 
acts  in  all  particulars  should  be  "for  the  public  good". 
By  the  law  of  1853  all  the  supervisors  of  road  districts 
were  made  responsible  to  the  trustees,  who  were  to  ap- 


60  TOWNSHIP  GOVERNMENT  IN  IOWA 

prove  their  accounts  and  allow  a  reasonable  compensa- 
tion for  placing  guide-posts  at  the  forks  of  the  public 
roads.85  A  law  of  1858  changed  the  time  of  the  meeting 
for  the  establishment  of  road  districts  to  the  date  of 
settlement  with  the  supervisors,  which  should  occur  there- 
after in  October  of  each  year.  It  appears  that  April  was 
the  time  specified  for  the  levy  of  the  property  tax  for 
road  purposes  in  the  township  —  the  amount  so  raised  to 
be  expended  for  "roads,  bridges,  plows  and  scrapers". 
The  law  limited  the  tax  which  the  trustees  might  levy  to 
not  "less  than  one  nor  more  than  three  mills  on  the  dol- 
lar ".  At  the  same  session,  in  April,  they  were  required 
to  fix  the  allowance  for  a  day's  labor  upon  the  highway 
and  to  notify  the  several  road  supervisors,  through  the 
township  clerk,  of  their  action.86 

By  an  act  approved  on  April  8,  1862,  the  township 
trustees  were  authorized  to  determine  at  their  April 
meeting  the  portions  of  the  road  tax  that  should  be  paid 
in  money  and  in  labor.  Or,  as  it  appears,  they  were  to 
discover  the  most  efficient  manner  of  expending  the  road 
fund  belonging  to  the  township.  An  act  of  1868,  amenda- 
tory to  that  of  1862,  declared  that  the  trustees  should  de- 
cide whether  any  part  of  the  road  tax  should  become  a 
general  fund  for  the  purchase  of  tools  or  machinery  for 
road  purposes,  and  if  so,  what  amount.87 

By  another  law,  providing  for  the  improvement  of 
highways,  which  was  passed  in  1884,  the  trustees  were 
authorized  not  only  to  require  certain  hours  of  labor,  to 
determine  the  compensation  of  the  road  superintendent 
when  one  was  employed  (see  below  p.  144),  and  to  carry 
out  the  provisions  of  the  law  requiring  bonds  from  road 
officials  of  whatever  grade,  but  to  determine  also,  if  such  a 
plan  were  adopted,  when  the  consolidation  of  road  dis- 


THE  TOWNSHIP  TRUSTEES  61 

tricts  should  take  effect  so  far  as  it  related  to  the  begin- 
ning of  actual  work  upon  the  roads.88 

When  the  law  of  1902  was  passed  making  consolida- 
tion of  road  districts  compulsory  in  the  following  year, 
the  trustees  became  responsible  for  the  execution  of  the 
law.  Then  in  1904  they  were  authorized,  by  the  revival 
of  an  old  law  of  1840,  to  condemn  lands  and  roadways 
leading  to  the  same,  for  the  purpose  of  obtaining  gravel 
or  other  material  used  in  the  improvement  of  the  high- 
ways. They  were  at  the  same  time  authorized  to  pay 
from  the  township  road  fund  all  the  damages  caused  by 
such  condemnation  proceedings.89 

A  number  of  minor  acts  of  1906  relating  to  roads,  gave 
additional  power  to  the  township  trustees.  They  were 
permitted,  for  instance,  to  order  the  transfer  to  the  road 
fund  of  any  sum  raised  for  the  erection  of  a  township 
hall,  should  the  money  no  longer  be  desired  for  that  pur- 
pose. Again,  upon  the  proper  presentation  of  an  affi- 
davit from  the  owner  of  a  wagon  using  wide  tires  the 
trustees  were  authorized  to  grant  the  rebate  in  taxes 
allowed  by  the  law  in  such  cases.  Furthermore,  they 
were  required  to  approve  of  road  drags  used  on  the  high- 
ways and  to  order  the  use  of  the  same  under  the  direction 
of  the  superintendent  of  roads,  whenever  they  agreed 
that  such  work  should  be  done,  and  to  allow  compensation 
within  limits  prescribed  by  law.90 

By  amendments  which  were  approved  in  1911,  the 
trustees  are  required  to  select  a  superintendent  of  drag- 
ging and  likewise  a  road  superintendent.  The  first  of 
these  amendments  provides  for  the  appointment  of  such 
officers  at  the  April  meeting  of  the  trustees,  while  the 
second  provides  for  the  same  thing  at  the  February  meet- 
ing, thus  disclosing  some  error  in  legislation.  The  act  of 


62  TOWNSHIP  GOVERNMENT  IN  IOWA 

April  7,  1911,  requires  the  trustees  to  district  the  entire 
township,  giving  numbers  to  each  division,  and  thereafter 
to  designate  the  districts  by  number  in  giving  orders  for 
dragging;  and  they  must  not  omit  in  this  order  the  "mail 
routes"  and  "main  traveled  roads".  It  is  their  duty, 
also,  to  furnish  suitable  drags  and  adopt  such  regulations 
as  the  act  prescribes  for  carrying  into  effect  its  pro- 
visions.91 

At  different  dates  the  trustees  have  been  designated 
as  the  proper  officers  to  enforce  the  statute  relative  to  the 
destruction  of  noxious  weeds  upon  highways  or  else- 
where. An  act  of  1894  made  provision  for  the  com- 
pulsory removal  of  the  Russian  thistle ;  and  if  any  person 
warned  by  another  should  fail  to  obey  the  law,  then  the 
trustees  were  authorized  to  enter  upon  any  land  to  carry 
out  the  provisions  of  the  statute.  All  costs  thus  incurred 
were  to  be  certified,  along  with  other  taxes,  to  the  county 
board,  and  to  be  assessed  against  the  premises.92  An 
amendment  of  1909  included  under  these  provisions 
many  other  weeds  as  noxious ;  and  in  the  event  that  one 
person  should  lodge  a  complaint  against  another  person 
or  corporation  for  harboring  such  weeds,  the  trustees  in 
every  instance  were  empowered  to  order  their  destruc- 
tion, and  in  the  case  of  neglect,  to  have  it  done  at  the 
expense  of  the  landholder. 

This  act  provides  further  for  a  "school  of  instruc- 
tion", which  must  be  attended  by  the  trustees  and  road 
supervisors  of  the  county  when  called  by  the  county 
board  between  the  months  of  November  and  April  of  each 
year.  For  attendance  at  this  "school"  the  compensation 
for  the  regular  services  of  these  officers  is  allowed  by 
statute;  while  a  failure  to  perform  the  required  duties 
may  result  in  a  fine  of  not  to  exceed  one  hundred  dollars.93 


THE  TOWNSHIP  TRUSTEES  63 

After  lands  were  improved  and  roads  established,  the 
question  of  drainage  received  attention  and  the  first  act 
of  the  General  Assembly  relative  to  this  subject  was 
passed  in  1862.  It  directed  the  applicant  for  any  privi- 
lege under  the  law  to  file  his  request  with  a  justice  of  the 
peace  who  was  then  authorized,  through  the  aid  of  any 
constable,  to  summon  the  owner  of  the  land,  through 
which  it  was  desired  to  obtain  an  outlet,  to  appear  before 
him.  At  the  same  time  a  jury  of  six  men  was  to  be  se- 
lected in  the  following  manner:  two  by  the  applicant, 
two  by  the  owner  of  the  land  through  which  such  drain 
was  to  pass,  and  two  by  the  four  already  chosen.  These 
six  were  placed  under  oath  to  render  a  just  appraisement 
of  the  damages  to  the  landowner,  their  verdict  to  be 
delivered  in  writing.94 

By  a  law  approved  on  April  15,  1870,  the  trustees  as- 
sumed the  position  occupied  by  the  justice  of  the  peace 
under  the  act  of  1862;  but  no  jury  of  six  men  appears 
thereafter  in  such  cases,  since  the  three  trustees  were  to 
act  in  that  capacity.  They  not  only  assessed  the  damage 
caused  by  the  drain  but  they  were  also  authorized  to 
declare  the  dimensions  of  the  outlet  and  the  direction  it 
should  take.  In  this  decision  they  were  required  to  re- 
port their  findings  in  writing  as  in  the  case  of  the  jury 
under  the  former  law  of  1862  and  to  file  the  same  with 
the  township  clerk.95  Another  law  of  1870  relative  to  this 
subject  appears  to  have  made  no  amendment  which  af- 
fected the  status  of  the  trustees  in  their  relation  to  such 
improvements.  Neither  was  there  any  change  in  their 
duties  in  this  connection  until  1888,  when  the  construc- 
tion of  "tile  or  other  underground  drainage"  was 
touched  upon  in  a  statute  which  defined  the  duties  of 
the  trustees  when  acting  in  such  cases.  It  may  be  said 


64:  TOWNSHIP  GOVERNMENT  IN  IOWA 

that  their  conclusions  were  to  be  final  except  in  the 
amount  of  damages  assessed  —  this  being  subject  to  an 
appeal  to  the  courts.96 

Upon  the  establishment  of  drainage  districts  in  1904 
the  trustees  were  held  responsible  for  the  construction 
of  any  proposed  drain  across  a  highway,  or  the  change  in 
any  natural  water  course  in  a  like  manner,  the  cost  of 
which  was  payable  from  the  township  road  fund.  When 
the  construction  of  a  drain  for  any  highway  necessitated 
the  crossing  of  private  property  and  an  agreement  could 
not  be  reached,  the  trustees  were  directed  by  another  law 
passed  in  1904  to  petition  the  county  auditor  for  an  ad- 
justment of  the  differences  through  survey  and  appraise- 
ment as  in  the  laying  out  of  new  roads.  Again  the  costs 
were  payable  from  the  township  road  fund.97  Moreover, 
by  another  statute  the  trustees  were  authorized  to  peti- 
tion for  a  "drainage  district "  to  include  a  highway,  or  to 
appeal  from  the  decision  of  commissioners  in  making 
drainage  assessments  on  account  of  the  benefits  to  high- 
ways, in  such  cases  acting  for  their  townships  as  an  in- 
dividual property-holder  would  act  when  appealing  from 
a  personal  assessment.98 

The  laws  regulating  the  tax  levies  in  aid  of  railroad 
construction  made  the  township  electors  practically  su- 
preme in  any  movement  of  this  nature,  since  the  trustees 
had  no  alternative  but  to  act  when  the  proper  petition 
was  presented  —  first,  to  submit  the  question  to  a  vote, 
and  second,  to  levy  the  tax  when  the  measure  had  car- 
ried. The  proceedings,  so  far  as  the  trustees  were  con- 
cerned, were  the  same  under  all  statutes  relating  to  this 
special  tax  —  the  first  of  which  was  framed  in  1868.  The 
vote,  the  canvass,  the  levy,  and  the  certifying  of  the  latter 
to  the  county  authorities  for  collection  were  provisions 


THE  TOWNSHIP  TRUSTEES  65 

in  all  such  laws.  In  the  later  acts,  however,  they  were 
authorized  to  certify  also  to  the  fulfillment  of  contracts 
and  conditions,  while  in  the  case  of  the  removal  of  any 
railway  constructed  with  such  aid,  the  corporation  must 
serve  notice  upon  the  township  trustees." 

The  common  school  law  of  1847  which  provided  for  a 
township  inspector  required  the  trustees  to  approve  his 
bond,  determine  his  compensation,  and  provide  for  the 
filling  of  vacancies  in  his  office.  It  was  at  the  same  ses- 
sion of  the  General  Assembly  that  the  trustees  of  each 
township  were  first  directed  by  law  to  make  a  careful 
examination  of  the  sixteenth  section.  The  provisions  of 
this  law,  requiring  the  survey,  appraisement,  or  valua- 
tion of  school  lands,  are  the  same  as  those  found  in  the 
law  of  1858,  except  as  to  the  minimum  values  permitted 
to  be  placed  upon  such  lands.  In  both  laws  the  trustees 
were  to  "parcel  out"  according  to  the  government  sur- 
vey, and  at  the  same  time  consider  the  advantages  to  the 
school  fund  in  placing  a  true  value  upon  the  several  par- 
cels. By  the  law  of  1847  the  reports  of  their  proceedings 
as  to  survey  and  appraisement  were  to  be  made  to  the 
school  fund  commissioner,  while  by  the  law  of  1858  the 
reports  went  to  the  county  judge.  It  appears  that  the 
county  judge,  as  the  law  provided  in  1858,  might  veto 
their  findings  and  order  a  new  appraisement. 

By  the  provisions  of  the  law  of  1858  the  trustees  and 
the  county  judge  were  constituted  a  board  for  the  con- 
sideration of  the  sale  of  these  school  lands.  The  ap- 
proval of  the  judge  and  two  trustees  was  necessary  in 
order  to  publish  such  a  sale ;  and  all  of  these  officers  were 
prohibited  from  purchasing  any  lands  thus  offered. 
Moreover,  all  lands  of  this  character  remaining  unsold 
were  in  the  care  of  the  trustees,  who  should  prevent 


66  TOWNSHIP  GOVERNMENT  IN  IOWA 

"trespass  and  waste "  upon  them;  and  in  the  event  of 
suit  being  brought  their  testimony  in  such  instances 
would  be  sufficient  evidence  to  authorize  the  court  to 
assess  the  damage.100 

A  further  provision  of  the  common  school  act  of  1858, 
authorizing  the  formation  of  the  district  township,  re- 
quired the  township  trustees  to  call  the  first  meeting  of 
the  directors  of  districts  then  formed,  who  became  officers 
in  subdistricts.  A  similar  provision  in  a  law  approved 
on  December  24,  1859,  and  in  force  on  March  1,  1860, 
made  them  responsible  for  the  issuing  of  a  call  for  the 
first  election  in  new  district  townships.  But  this  pro- 
vision did  not  apply  when  the  existing  district  township 
was  divided  in  such  a  way  that  it  formed  "two  or  more 
entire  townships  for  civil  purposes  ",101  Again,  by  an 
amendment  of  1862,  the  trustees  were  directed  to  call 
special  elections  when  "an  organized  district  township" 
was  left  without  officers.  Moreover,  this  law  authorized 
the  trustees  to  establish  the  boundaries  of  independent 
school  districts  upon  receiving  written  request  as  pro- 
vided in  the  act.  All  notices  of  election  upon  the  pro- 
posed plan  of  the  district  organization  must  also  be 
issued  by  the  trustees.102  This  responsibility  was  re- 
moved in  1868  when  the  duties  imposed  upon  the  town- 
ship trustees  in  connection  with  the  formation  of 
independent  districts  were  to  be  assumed  by  the  "board 
of  directors  of  the  district  township."103 

Acting  as  a  board  of  health  the  township  trustees 
were  authorized  by  law  (first  in  1866)  to  perform  certain 
acts  and  assert  certain  powers  to  protect  the  public 
against  sources  of  disease,  and  to  suppress  nuisances  in 
any  portion  of  their  jurisdiction  through  legal  notices 
served  by  the  constable  of  the  township.  They  were 


THE  TOWNSHIP  TRUSTEES  67 

granted  authority,  also,  to  prohibit  communication  where 
contagious  diseases  were  present,  to  establish  hospitals 
and  pesthouses,  and  to  remove  any  person  thereto  if  in 
their  opinion  such  removal  was  necessary  for  the  safety 
of  the  public.  Furthermore,  they  could  adopt  such  regu- 
lations as  they  might  consider  necessary  and  employ  all 
assistance  needed  in  carrying  them  into  effect.  The  ex- 
penses which  they  might  thus  incur  in  the  discharge  of 
their  duty  became  a  charge  upon  the  township  which  was 
collectible  in  the  same  manner  as  other  taxes.104 

The  protection  of  domestic  animals  was  also  among 
the  official  duties  of  the  trustees,  since  a  law  of  1884 
stipulated  that  if  a  majority  of  the  trustees  " whether  in 
session  or  not,  shall  notify  the  governor  of  the  prevalence 
of,  or  probable  danger  from/'  any  disease  (which  here 
refers  to  diseases  of  domestic  animals)  he  must  take 
action  to  remove  such  danger.105 

It  is  noted  that  the  first  acts  governing  the  trustees 
acting  as  a  board  of  health  made  no  definite  requirements 
as  to  annual  meetings  of  such  a  body.  In  later  laws,  how- 
ever, such  meetings  are  specified.  The  act  of  1909  calls 
for  two  meetings  annually  —  one  on  the  first  Monday  in 
April  and  the  other  on  the  first  Monday  in  November. 
The  trustees  are  required  to  publish  all  of  their  local 
regulations  and  inform  themselves  as  to  the  regulations 
issued  by  the  State  Board  of  Health,  to  whom  they  must 
also  make  the  necessary  reports.  Subordinate  officers  of 
the  township  are  subject  to  the  orders  of  the  trustees  in 
these  as  in  other  township  matters,  and  the  purchase  of 
all  supplies  in  the  case  of  detention  hospitals  is  author- 
ized by  them.  Nor  will  any  bill  be  allowed  until  audited 
and  certified  by  the  trustees.106 

Vacancies  in  township  offices  from  whatever  cause 


68  TOWNSHIP  GOVERNMENT  IN  IOWA 

have  usually  been  filled  by  the  trustees.  When,  however, 
the  offices  of  all  the  trustees  were  vacant  such  powers  de- 
volved upon  the  township  clerk,  and  in  the  event  of  all 
offices  becoming  vacant  the  county  auditor  had  jurisdic- 
tion. A  provision  of  the  law  approved  on  April  3,  1866, 
required  the  clerk  to  notify  the  trustees  of  any  vacancy 
in  the  office  of  justice  of  the  peace,  constable,  or  county 
supervisor.  At  a  special  meeting  called  at  the  usual 
place  of  holding  elections  the  trustees  were  authorized  to 
appoint  some  suitable  person  who  should  qualify  in  the 
same  manner  as  if  elected.  Moreover,  the  same  penalty 
attached  to  any  failure  to  qualify  as  in  the  case  of  the 
original  occupant  of  the  office.107 

To  act  as  a  jury  in  estimating  damages  appears  to 
have  been  almost  an  original  function  of  the  trustees.  If 
traced  to  its  source,  one  would  probably  find  that  when 
the  duties  formerly  belonging  to  the  selectmen,  the  fence 
viewer,  and  some  other  minor  officers  of  the  township 
were  combined  in  the  trustees  this  phase  of  their  admin- 
istrative duties  became  prominent.  As  improvements 
were  made  and  settlements  became  more  thickly  popu- 
lated differences  as  to  private  rights  became  more  fre- 
quent, requiring  judicial  action  on  the  part  of  some  of- 
ficial. Then,  it  appears,  the  board  of  trustees  became  the 
natural  source  of  such  authority.  In  the  earliest  laws 
relating  to  township  officers  in  the  Territory  of  Iowa 
fence  viewers  were  provided  for,  but  their  duty  soon 
devolved  upon  the  trustees.  The  law  defined  a  "  legal 
fence",  and  damages  resulting  from  domestic  animals 
breaking  through  such  an  enclosure  were  to  be  deter- 
mined by  the  trustees  after  "  viewing ' '  the  same.  In  such 
cases  the  action  taken  was  typical  of  the  proceedings 
heretofore  referred  to  under  the  drainage  laws. 


THE  TOWNSHIP  TRUSTEES  69 

After  having  been  summoned  to  view  the  damage 
caused  by  domestic  animals  and  after  having  completed 
and  filed  the  record  with  the  township  clerk,  the  chairman 
of  the  board  of  trustees  was  authorized  to  sell  the  animal 
or  animals  to  satisfy  the  claim  and  costs  if  the  damages 
were  not  sooner  paid  by  the  owner.  Moreover,  if  no 
owner  could  be  found  and  a  residue  remained  after  pay- 
ing all  damages  from  the  proceeds  of  the  sale,  the  chair- 
man was  directed  to  pay  over  the  amount  to  the  county 
treasurer  for  the  benefit  of  the  school  fund.  Should  a 
trustee  in  any  instance  be  an  interested  party  another 
person  must  be  selected  to  act  for  him  in  adjusting  such 
claims,  and  an  appeal  from  their  decision  to  the  courts 
was  permitted  to  either  party.108 

As  representing  their  own  township  the  trustees  were 
given  authority,  in  1876,  to  appear  in  its  behalf  when  a 
railroad  corporation  sought  through  legal  methods  to 
remove  its  track  which  had  been  constructed  over  a 
given  route  according  to  a  contract.  This  act  applied, 
however,  only  to  those  roads  which  had  been  built  pre- 
vious to  1866.  Again,  in  1884,  they  were  authorized  to 
employ  attorneys  "  whenever  litigation  shall  arise  in- 
volving the  right  or  duty  of  township  trustees"  to  levy 
or  certify  to  taxes  voted  upon  "expressed  conditions ", 
and  when  they  became  parties  to  the  suit.  Moreover, 
they  were  empowered  to  add  to  the  tax  estimates  an 
amount  sufficient  to  pay  the  attorneys  employed.109 

The  compensation  of  the  trustees  may  be  provided  for 
either  in  the  form  of  fees  or  a  per  diem.  The  payment 
for  public  business  comes  from  the  county  treasury.  For 
acting  as  fence  viewers  or  for  hearings  in  damage  cases, 
the  fees  must  be  met  by  the  persons  against  whom  dam- 
ages are  assessed;  and  as  provided  in  the  Code  of  1897 


70  TOWNSHIP  GOVERNMENT  IN  IOWA 

this  is  a  part  of  the  required  record  in  their  proceedings. 
The  Code  of  1851  allowed  the  trustees  one  dollar  for  six 
hours  actual  service,  and  this  was  considered  as  one  day's 
work,  while  service  as  fence  viewers  was  paid  for  as 
above.  A  law  of  1870  fixed  a  compensation  of  one  dollar 
per  day  when  they  were  engaged  in  assessing  damages 
due  to  domestic  animals  and  this  sum  was  payable  from 
public  funds.  The  legislature  at  the  same  session  grant- 
ed the  trustees  one  dollar  and  a  half  per  day  for  services 
in  locating  drainage  ditches  and  determining  the  damages 
due  to  them  which  might  be  collected  in  advance  from 
those  interested.  Soon  afterward,  the  Code  of  1873  fixed 
the  compensation  at  two  dollars  for  an  eight  hour  day. 
Then,  in  1876,  for  acting  as  fence  viewers,  or  in  matters 
connected  with  drainage  as  mentioned  above,  their  fees 
were  increased  to  two  dollars  per  day  payable  in  the  first 
instance  by  the  person  making  the  complaint.  For 
duties  connected  with  the  highways  the  law  of  1884  al- 
lowed the  same  compensation  as  for  other  township  busi- 
ness. Finally,  by  an  act  approved  in  1909,  in  townships 
having  a  population  of  thirty  thousand  and  comprised 
within  the  limits  of  a  city  acting  under  a  special  charter 
the  per  diem  of  township  trustees  was  increased  to  three 
dollars.110 


VI 
THE  TOWNSHIP  CLERK 

WITH  the  provision  for  the  organization  of  townships  in 
the  Territory  of  the  Northwest  the  justices  of  the  general 
court  of  quarter  sessions  were  empowered  to  appoint  a 
clerk  in  each  township  throughout  the  several  counties, 
who  should  hold  his  office  during  good  behavior.  His 
duties  at  that  time  may  be  briefly  summarized.  He  must 
"keep  a  fair  book  of  entries",  which  should  contain  the 
descriptive  marks  or  brands  claimed  by  owners  of  do- 
mestic animals  if  any  person  desired  such  a  record  and 
chose  to  pay  the  necessary  fee ;  and  must  likewise  keep  a 
second  book  in  which  all  estrays  which  might  be  reported 
to  him  should  be  minutely  described.  These  duties  ap- 
pear to  have  constituted  his  chief  if  not  his  entire  respon- 
sibility.111 

When  townships  under  the  Ohio  statute  of  1804  be- 
came bodies  politic  and  corporate  the  clerk  was  to  be 
chosen  by  the  electors  of  the  township,  and  like  other 
officers  his  term  was  to  expire  when  his  successor  had 
qualified.  While  his  duties  included  those  previously 
described,  the  later  act  required  the  keeping  of  "fair  and 
accurate  records  of  all  the  public  transactions  of  the 
township  meetings",  the  reporting  of  the  names  of  all 
township  officers  of  whom  oaths  were  required,  and  the 
recording  of  all  private  roads  and  cartways.  He  was, 
furthermore,  directed  to  act  as  clerk  of  the  township 
board  of  trustees.112 

71 


72  TOWNSHIP  GOVERNMENT  IN  IOWA 

In  the  Territory  of  Michigan,  in  accordance  with  an 
act  of  1827  relating  to  townships,  the  clerk  was  elected 
for  one  year.  This  law,  in  defining  his  duties,  declared 
him  to  be  the  custodian  of  all  books,  papers,  and  docu- 
ments belonging  to  the  township,  and  to  be  authorized  to 
approve  the  bonds  required  from  the  constables  and  to 
report  the  names  of  the  latter  to  the  county  clerk;  while 
failure  to  perform  this  duty  made  him  liable  to  a  fine  of 
ten  dollars.  He  was  authorized  also  to  act  as  a  member 
ex  officio  of  the  election  board  in  his  township;  and  by 
him  notices  of  regular  or  special  township  meetings  were 
to  be  posted.113  The  act  provided  further  that  it  was  the 
duty  of  the  "  clerk  last  before  elected "  to  serve  as  clerk 
of  the  township  meeting  and  to  preserve  a  faithful  record 
of  the  proceedings,  and  he  must  deliver  to  the  township 
supervisor  a  certified  copy  of  all  entries  of  votes  for 
raising  money.114  He  was  charged  with  the  care  of  the 
records  of  the  township  board,  of  which  he  formed  a  part, 
in  the  granting  of  tavern  licenses ;  and  he  was  required  to 
report  to  the  county  clerk  the  names  of  all  persons  hold- 
ing such  documents.115 

When  the  country  now  included  in  Iowa  was  attached 
to  Michigan  Territory  (1834)  the  status  of  the  township 
clerk  appears  to  have  been  the  same  as  defined  in  the 
Michigan  statute  of  1833,  which  incorporated  the  pro- 
visions as  expressed  in  the  statute  of  1827  and  also  gave 
the  clerk  power  to  appoint  a  deputy.  Furthermore,  there 
is  no  recorded  change  in  his  official  duties  after  Iowa  was 
brought  under  the  jurisdiction  of  the  original  Territory 
of  Wisconsin  until  June  22,  1838.  An  act  was  then  ap- 
proved providing  that  "  where  by  law  the  clerk  of  the 
county  court  or  township  clerk  is  now  authorized  or  re- 
quired to  perform  any  official  act,  such  power  or  duty 


THE  TOWNSHIP  CLERK  73 

shall  hereafter  devolve  upon  the  clerk  of  the  board  of 
county  commissioners. "  This  act,  it  may  be  said,  prac- 
tically abolished  the  office  of  township  clerk  just  before 
the  Territory  of  Iowa  was  established.116 

Thus,  until  the  law  establishing  townships  had  become 
effective  in  the  Territory  of  Iowa  and  until  the  counties 
had  adopted  its  provisions,  the  duties  of  the  township 
clerk  were  performed  by  the  clerk  of  the  board  of  county 
commissioners. 

The  first  act  of  the  Territorial  legislature  of  Iowa 
relative  to  townships,  which  was  approved  on  January 
10,  1840,  names  a  clerk  among  the  officers.  In  the  pas- 
sages previously  quoted,  as  well  as  in  laws  referred 
to  up  to  this  point,  his  duties  as  they  appear  in  the  law 
of  1840  are  in  part  defined.  Other  responsibilities  found 
in  this  act  are  the  recording  of  all  "roads  and  cartways 
by  the  trustees  established "  and  also  the  ear-marks  of  all 
cattle,  sheep,  and  hogs  or  other  animals,  at  the  request  of 
owners.  In  making  the  road  record,  the  law  allowed  the 
officer  ten  cents  for  each  one  hundred  words,  while  for 
recording  marks  and  brands  the  owner  must  pay  a  fee  of 
twenty-five  cents.  Should  an  elector  who  had  been  regu- 
larly chosen  to  this  office  fail  to  qualify,  the  statute  re- 
quired a  forfeiture  of  three  dollars  for  the  use  of  the 
township.117 

In  1842,  the  act  of  1840  having  been  repealed,  a  new 
law  made  some  changes  in  the  functions  of  the  township 
clerk.  While  all  the  duties  prescribed  in  the  previous 
act  were  retained,  an  additional  responsibility  appeared 
in  that  he  was  required  to  make  from  "the  county  assess- 
ment roll  for  the  township,  an  assessment  of  the  tax 
voted  for  by  the  township  or  ordered  by  the  trustees  for 
the  support  of  the  poor".  He  must,  furthermore,  deliver 


74  TOWNSHIP  GOVERNMENT  IN  IOWA 

within  twenty  days  a  duplicate  of  this  assessment  to  the 
constable  named  by  the  trustees  to  collect  the  tax  and  a 
second  copy  to  the  township  treasurer.118  These  appear 
to  have  been  the  chief  functions  of  the  township  clerk 
when  Iowa  became  a  State  in  1846  —  an  amendment  of 
1845  making  no  marked  change.119 

From  the  organization  of  townships  under  the  law  of 
1840  until  the  present  day  the  clerk  has  been  one  of  the 
important  officers  in  the  conduct  of  local  affairs.  His 
duties,  which  from  the  outset  were  numerous,  have  been 
increased  rather  than  diminished  under  later  statutes. 
The  Code  of  1851  declares  that  the  clerk  shall  perform 
"acts  as  may  be  required  of  him  by  law" — that  is,  keep 
accurate  records  of  the  proceedings  of  the  township  trus- 
tees; administer  the  usual  oaths  and  file  the  necessary 
records  concerning  them;  and  notify  the  county  judge 
immediately  following  the  election,  of  the  names  of  jus- 
tices of  the  peace  chosen  in  his  township,  a  record  of 
which  he  must  also  preserve  in  his  own  office.  Moreover, 
he  was  directed  to  notify,  through  the  assistance  of  a 
constable,  all  the  township  officers  elect  —  except  justices 
of  the  peace  and  constables  —  to  appear  before  him  with- 
in a  limited  period  and  subscribe  to  the  statutory  oath. 
He  was  authorized  also  to  issue  a  certificate  of  election 
to  all  officers  thus  qualifying.120  This  provision  of  the 
Code  of  1851  relative  to  the  functions  of  the  clerk  in 
elections  was  not  amended,  it  appears,  until  1862,  when 
he  was  required  to  "post  up"  within  five  days  following 
the  canvass  of  the  votes,  in  three  public  places  in  the 
township,  the  names  of  all  persons  elected  to  township 
offices.  This  seems  to  have  been  considered  sufficient 
notice  for  them  to  appear  before  him  and  qualify.121 

When  the  registry  board  was  provided  for  in  1868  the 


THE  TOWNSHIP  CLERK  75 

clerk  became  ex  officio  a  member  and  the  law  fixed  the 
place  of  meeting  at  his  office  —  wherever  that  may  have 
been.  The  " register"  of  the  voting  list  was  left  in  his 
charge,  and  he  was  required  to  cause  to  be  posted  in  his 
office  a  duplicate  list  which  must  be  accessible  at  all  times 
to  any  elector  within  the  township.122  The  clerk,  it  may 
be  said,  became  ex  officio  one  of  the  clerks  of  the  election 
board  in  1843,  and  where  two  or  more  precincts  had  been 
established  in  his  township  he  was  authorized  in  1873  to 
act  in  the  precinct  where  he  resided.  Moreover,  this 
appears  to  be  his  responsibility  relative  to  elections  at  the 
present  time.123 

Until  roads  had  been  established  by  the  county  to 
some  extent,  the  township  was  not  concerned  directly 
with  their  control.  When,  however,  the  trustees  were 
authorized  to  establish  township  roads  the  clerk  was  re- 
quired to  record  the  same.  Again,  when  road  supervisors 
became  township  officers  and  districts  were  set  off  within 
the  township  the  duties  of  the  clerk  in  relation  to  roads 
appear  to  have  been  largely  increased.  In  1853  he  .was 
required  to  furnish  the  several  road  supervisors  of  his 
township  with  a  plat  of  the  district  over  which  each  of 
them  had  jurisdiction.  He  was  likewise  responsible  for 
the  preservation  of  the  bonds  of  these  officers  as  filed  with 
him;  and  he  was  required  to  furnish  a  personal  bond 
approved  by  the  county  judge  as  security  for  the  road 
fund  coming  into  his  hands  before  he  was  authorized  to 
draw  such  funds  from  the  county  treasury.124 

A  further  requirement  was  made  of  the  township 
clerk  by  a  law  of  1858  relating  to  the  construction  and 
control  of  roads.  By  this  act  he  was  held  responsible  for 
a  map  of  the  township,  furnished  by  the  county  judge  and 
upon  which  all  legally  established  roads  were  to  be  prop- 


76  TOWNSHIP  GOVERNMENT  IN  IOWA 

erly  shown.  As  new  roads  were  laid  out  it  was  the  duty 
of  the  clerk  to  record  the  same  in  so  far  as  they  affected 
his  particular  township.  He  must  also  place  in  the  pos- 
session of  the  supervisor  of  roads  in  any  district  all  the 
data  available  from  the  plat  and  field  notes  which  related 
to  any  road  over  which  he  had  jurisdiction.  It  was, 
furthermore,  the  duty  of  the  clerk,  when  the  trustees  had 
made  their  levy  for  roads  as  the  law  required,  to  prepare 
a  tax  list  for  each  road  district  in  his  township  to  "be  in 
tabular  form  and  in  alphabetical  order"  and  for  which 
the  county  judge  was  required  to  furnish  the  necessary 
blanks.125 

When  non-resident  landholders  failed  to  make  pro- 
vision for  their  highway  taxes  the  township  clerk  was 
responsible  to  the  county  judge  at  first,  and  later  to  the 
clerk  of  the  board  of  supervisors,  for  a  report  concerning 
the  "non-resident  land  and  town  lots"  upon  which  such 
a  levy  remained  unsatisfied.  It  was  his  business  to  see 
that  such  a  report  was  transmitted  within  a  limited 
period,  and  for  neglect  or  failure  he  might  be  penalized 
in  an  amount  equal  to  the  entire  tax.126 

A  law  of  1884  providing  for  the  improvement  of  high- 
ways permitted  townships  to  adopt  the  "one  highway 
district  plan",  which  called  for  a  general  road  fund  in 
instances  where  such  a  system  was  put  into  practice.  In 
that  event  the  clerk  was  directed  to  furnish  an  additional 
bond  for  twice  the  sum  that  might,  under  such  an  ar- 
rangement, come  into  his  hands.127  Single  highway  dis- 
tricts were  made  mandatory  in  1902  and  by  that  act  the 
clerk  was  not  only  required  to  certify  the  road  levy  to 
the  county  auditor  but  also  to  furnish  the  road  superin- 
tendent with  a  list  of  all  persons  subject  to  poll  tax.  The 
data  for  the  last  item  was  available  through  the  as- 


THE  TOWNSHIP  CLERK  77 

sistance  of  the  assessor,  who  was  commanded  to  furnish 
a  copy  of  the  township  assessment  for  that  year.128 

An  amendment  of  1909  stipulated  that  the  clerk  should 
not  only  provide  a  list  of  the  persons  subject  to  a  poll  tax 
for  that  year  but  also  of  the  property  road  tax.  The 
clerk  in  making  this  report  to  the  road  superintendent 
was  at  the  same  time  directed  to  report  to  the  county 
auditor,  before  the  second  Monday  in  November,  the 
property  road  tax  which  had  been  worked  out.129  The 
recent  law,  passed  in  1911,  providing  for  the  dragging  of 
highways  requires  the  clerk  to  set  aside  the  necessary 
funds  for  this  purpose,  and  fixes  a  penalty  for  neglect  or 
failure  to  comply.130 

Formerly,  when  domestic  animals  were  permitted  to 
run  at  large,  and  even  in  later  years  when  such  privileges 
were  prohibited,  owners  frequently  identified  their  prop- 
erty by  means  of  certain  marks  or  brands  which  were  or 
were  not  recorded  —  such  record  being  optional  with  the 
possessor.  Since  the  time  of  township  organization  the 
clerk  has  been  and  continues  to  be  the  local  officer  in 
whose  care  a  book  for  this  purpose  is  placed  by  the  county 
authorities.  Such  a  record  of  marks  and  brands  passes 
with  other  records  to  his  successor  in  office.131  The  clerk 
is  liable  to  be  summoned  to  record  the  action  of  the  trus- 
tees when  they  are  called  upon  to  assess  damages  caused 
by  domestic  animals ;  and  in  the  event  of  an  appeal  to  the 
courts  from  any  such  assessment  as  may  be  decided  upon 
by  the  trustees,  the  township  clerk  must  file  a  transcript 
of  his  record  and  other  documents  concerning  the  case 
with  the  clerk  of  the  court.132 

Again,  an  appeal  from  the  decision  of  the  trustees 
when  acting  as  fence  viewers  requires  a  similar  proceed- 
ing on  the  part  of  the  clerk.  There  appears,  however,  to 


78  TOWNSHIP  GOVERNMENT  IN  IOWA 

be  this  difference:  in  the  former  instance  a  copy  of  the 
record  is  filed,  while  in  this  case  the  original  papers  are 
forwarded  to  the  clerk  of  the  court  after  they  have  been 
recorded.  Other  provisions  governing  the  township 
clerk  require  him  to  approve  of  appeal  bonds  filed  with 
him  in  such  cases.  Moreover,  two  clerks  may  be  con- 
cerned with  the  same  record  if  a  division  fence  located 
upon  a  township  line  is  in  dispute.  In  such  cases  the 
decision  reached  by  officers  of  the  adjoining  townships 
must  be  recorded  in  both  townships.133 

The  construction  of  drains  and  ditches  may  require 
the  judicial  action  of  the  township  trustees  when  an 
amicable  arrangement  can  not  be  made,  and  this  will  re- 
quire action,  also,  on  the  part  of  the  clerk.  The  Code  of 
1873  as  amended  by  a  statute  of  1884  gave  authority  to 
any  person  who  claimed  damages  on  account  of  such  im- 
provements to  file  his  application  with  the  township  clerk, 
who  then  became  responsible  for  a  special  call  to  the 
trustees  to  provide  a  hearing  in  the  controversy.  The 
clerk  must  then  notify  both  parties  stating  the  time  and 
place  of  such  meeting.  Upon  an  appeal  being  taken  from 
the  decision  of  the  trustees  the  clerk  became  the  deposi- 
tary of  the  amount  of  the  damages  assessed  or  of  the 
necessary  bond,  depending  on  which  of  the  two  parties 
made  the  appeal.  Again  he  was  required  to  furnish  a 
transcript  of  all  the  proceedings  to  the  clerk  of  the 
court.134  An  amendment  of  1909  directs  the  clerk  to 
cause  the  findings  in  such  damage  cases  to  be  placed  upon 
record,  not  only  in  his  own  office  but  also  in  the  office  of 
the  county  recorder.  It  appears,  then,  that  all  such  pro- 
ceedings must  hereafter  be  so  recorded  under  the  direc- 
tion of  the  township  clerk.  He  is  further  authorized,  as 
the  representative  of  his  township,  to  file  objections  to 


THE  TOWNSHIP  CLERK  79 

any  assessment  upon  it  on  account  of  benefits  arising 
from  the  construction  of  any  drain  on  orders  from  the 
county  board  of  supervisors.135 

In  certain  contingencies  the  clerk  has  been  empow- 
ered to  fill  vacancies  in  township  offices  by  appointment. 
In  1858,  for  example,  the  law  provided  that  immediately 
upon  his  receiving  notice  of  a  vacancy  in  the  office  of 
road  supervisor  he  should  fill  the  place.136  In  1866  an- 
other statute  instructed  him  to  call  the  trustees  whenever 
he  had  been  notified  of  a  vacancy  in  the  office  of  "Justice 
of  the  Peace,  Constable,  or  member  of  the  Board  of 
Supervisors '  \  The  clerk  had  authority  to  fix  the  loca- 
tion and  the  time  of  such  a  meeting  and  was  required  to 
inform  the  trustees  in  writing  of  the  particular  reason 
for  the  call,  not  less  than  five  days  previous  to  the  ses- 
sion. For  such  service  any  constable  of  the  township 
must  be  at  the  command  of  the  clerk.  Again,  after  the 
vacancies  were  filled  through  appointment  it  devolved 
upon  the  clerk  to  send  the  proper  notice  to  the  ap- 
pointee, the  necessary  entry  having  been  made  in  his 
records.  Later,  in  1870,  a  law  was  enacted  giving  the 
clerk  power  to  fill  all  vacancies  whenever  the  offices  of 
trustee  were  entirely  vacant.137 

For  many  years  the  clerk  had  performed  the  duties 
of  a  township  treasurer ;  but  it  was  not  until  1876  that  he 
was  directed  "on  the  morning  of  the  day  of  each  general 
election "  to  post  a  public  statement  of  the  receipts  and 
expenditures  connected  with  his  office  for  the  preceding 
year.  This  statement,  however,  was  subject  to  the  ap- 
proval of  the  trustees  before  its  publication.  Under 
another  provision  found  in  an  act  of  1876  the  clerk  was 
made  the  recorder  of  deeds  to  cemetery  lots,  the  plat  of 


80  TOWNSHIP  GOVERNMENT  IN  IOWA 

which  at  that  date  became  a  part  of  his  numerous  docu- 
ments. Thus  he  was  required  to  perform,  aside  from  his 
ordinary  clerical  duties,  a  function  corresponding  to  that 
of  the  county  recorder.138 

As  the  custodian  of  the  funds  distributed  to  the 
townships  under  the  mulct  tax  law  of  1894  the  clerk  was 
instructed  to  apportion  the  amount  coming  into  his  pos- 
session from  this  source  equally  among  the  road  super- 
visors, to  be  expended  by  them  in  the  improvement  of 
the  roads  under  their  jurisdiction.  As  the  matter  now 
stands  it  seems  to  have  required  three  separate  acts  to 
make  perfectly  clear  the  duty  of  the  clerk.  First,  in  1894 
the  division  of  the  fund  was  provided  for;  second,  in 

1896  the  township  was  specified ;  and  finally,  the  Code  of 

1897  designated  the  township  clerk  as  the  officer  who  be- 
came responsible  for  the  fund.139 

By  a  statute  approved  on  March  29,  1900,  the  finan- 
cial duties  of  the  township  clerk  are  summarized  as 
follows:  it  is  his  duty  "to  receive,  collect,  preserve,  and 
disburse ",  in  accordance  with  the  orders  of  the  trustees, 
"all  funds  belonging  to  his  township "  and  also  all  those 
funds  that  may  be  created  or  authorized  thereafter. 
This,  indeed,  appears  to  be  the  first  and  only  direct  def- 
inition of  the  financial  responsibilities  of  the  clerk  —  a 
definition  which  seems  to  have  been  needlessly  neglect- 
ed.140 

By  the  act  establishing  a  system  of  common  schools, 
which  was  approved  on  January  16,  1840,  the  township 
clerk  became  ex  officio  clerk  of  the  board  of  school  in- 
spectors. Among  his  duties  in  that  capacity  it  appears 
that  he  was  required  to  attend  all  meetings  of  the  in- 
spectors and  under  their  instructions  prepare  "all  their 
reports,  estimates,  and  apportionments  of  school  moneys, 


THE  TOWNSHIP  CLERK  81 

and  record  the  same  and  all  their  proceedings  in  a  book 
to  be  kept  for  that  purpose. ' '  Moreover,  he  was  expected 
to  receive  and  keep  all  reports  made  to  the  inspectors  as 
they  came  from  the  several  districts.  Communications 
from  the  Superintendent  of  Public  Instruction  were  to  be 
made  through  him;  and  reports  were  to  be  sent  by  him 
to  the  clerk  of  the  district  court.  He  was,  it  seems,  sub- 
ject to  any  order  of  the  township  school  inspectors  when 
acting  under  the  provisions  of  this  law.141 

The  school  law  of  1847  made  a  similar  provision, 
which  differed  in  respect  to  the  number  of  inspectors  the 
clerk  was  required  to  serve  —  there  being  but  one  pro- 
vided for  in  the  law  of  1847  —  but  his  functions  respect- 
ing the  schools  of  the  township  were  not  changed.142  In 
1849  the  statute  of  1847  was  so  amended  that  the  clerk 
was  relieved  of  his  obligations  as  clerk  of  the  inspector.143 
Nevertheless,  in  1860  he  appears  again  in  an  act  which 
makes  him  secretary  of  the  township  district  school 
board,  composed  of  the  directors  from  the  several  sub- 
districts.  It  is  specifically  mentioned  that  he  shall  have 
no  vote  in  any  meeting  of  this  board.  In  the  absence  of 
the  president,  however,  the  clerk  —  as  secretary  of  the 
board  —  was  authorized  to  preside.  It  is  furthermore 
clearly  stated  in  the  general  provisions  of  this  law  that 
when  but  one  subdistrict  was  formed  in  a  civil  township, 
then  the  three  directors,  for  which  the  act  provided  in 
such  cases,  "together  with  the  township  clerk  shall  con- 
stitute the  township  board '  \  And  further,  when  but  two 
subdistricts  were  possible  in  any  township,  and  conse- 
quently but  two  subdirectors,  the  law  provided  that  the 
secretary  in  the  event  of  a  disagreement  should  cast  the 
deciding  vote.  While  acting  as  secretary  for  the  school 
authorities  the  clerk's  duties  were  those  of  a  clerical 


82  TOWNSHIP  GOVERNMENT  IN  IOWA 

officer,  keeping  such  records  as  were  required  and  for 
which  separate  books  were  provided.  It  was  his  business 
to  post  all  notices  summoning  directors  to  a  regular  or 
special  district  meeting  and  to  certify  the  school  tax  levy 
to  the  county  auditor.144  After  1862,  however,  the  town- 
ship clerk  did  not  act  as  secretary  of  the  school  board.145 

It  is  probable  that  the  township  clerk,  acting  as  the 
recording  officer  of  the  trustees,  could  be  considered  as 
clerk  of  the  local  board  of  health  from  the  time  of  the 
passage  of  the  law  creating  it  in  1866,  but  it  was  not 
until  1880  that  he  was  designated  as  such.  Later,  in 
1892,  he  was  charged  with  the  enforcement  of  the  quar- 
antine laws  and  directed  "to  maintain  and  remove  such 
quarantine "  as  the  law  provided  and  as  might  be  re- 
quired by  the  regulations  of  the  local  board.146  In  1904 
the  clerk  was  made  responsible  for  the  registration  of 
vital  statistics  in  his  township,  and  upon  his  election  or 
appointment  was  required  to  select  a  deputy  who  must 
be  approved  by  the  State  Board  of  Health.  Subregisters, 
also,  but  not  more  than  three  in  each  township,  who  were 
to  be  appointed  by  the  State  Board  of  Health,  were 
required  to  report  to  the  township  clerk.  The  data  thus 
collected  formed  the  summary  which  the  clerk  must  for- 
ward to  the  State  Board  of  Health.147 

Certain  police  powers  were  conferred  upon  the  clerk 
in  the  act  of  1896  making  provision  for  the  erection  of  a 
town  hall.  As  custodian  of  such  an  institution  he  was 
authorized  to  preserve  order  "within  and  about  the  prem- 
ises ",  and  in  so  doing  to  enforce  all  regulations  adopted 
by  the  township  trustees.148 

The  latest  additional  responsibility  placed  upon  the 
township  clerk  is  found  in  the  statute  of  1911,  creating 
the  office  of  State  Fire  Marshal.  By  this  act  it  becomes 


THE  TOWNSHIP  CLERK  83 

the  duty  of  the  clerk  to  begin  an  investigation  of  the 
causes  of  all  fires  within  his  jurisdiction  not  later  than 
two  days  following  the  occurrence,  and  within  one  week 
thereafter  to  file  a  written  report  with  the  State  Fire 
Marshal.  Other  information  may  be  demanded  of  him 
through  regulation  forms  issued  by  the  State  depart- 
ment.149 

The  compensation  of  the  clerk  has  been  defined  in 
three  forms  according  to  the  various  acts  governing  his 
powers  and  duties.  There  are  fees,  a  per  centum,  and  a 
per  diem,  all  of  which  have  been  subject  to  increase  or 
decrease.  When  his  chief  duty  consisted  in  the  recording 
of  marks  and  brands  a  fee  of  twenty-five  cents  was  the 
limit.  As  acting  clerk  of  the  board  of  school  inspectors, 
as  provided  in  the  law  of  1847  relative  to  schools,  his 
allowance  was  left  to  be  determined  by  the  township 
trustees.  The  Code  of  1851,  however,  fixed  his  compen- 
sation at  one  dollar  for  six  hours  labor  —  a  record  of 
which  he  must  make  from  time  to  time  as  his  services 
were  concluded.  According  to  an  act  of  1858  the  clerk 
was  permitted  to  retain  five  per  cent  of  all  money  coming 
into  his  hands  "by  virtue  of  his  office "  and  one  dollar 
and  a  half  for  "all  days  necessarily  employed "  in  the 
discharge  of  his  duties. 

In  1862  the  provision  of  the  Code  of  1851  by  which 
one  dollar  was  paid  for  six  hours  work  was  restored,  and 
in  addition  a  "bill  of  items"  must  be  signed  and  sworn 
to  before  being  filed  with  the  clerk  of  the  county  board. 
The  Code  of  1873  increased  the  per  diem  to  two  dollars, 
and  in  1876  the  provision  allowing  five  per  cent  was 
amended  so  that  all  money  coming  into  his  hands  by 
virtue  of  his  office  should  not  include  that  which  came 
from  his  predecessor.  In  1907  this  allowance  was  reduced 


84  TOWNSHIP  GOVERNMENT  IN  IOWA 

to  two  per  cent,  while  for  caring  for  road  tools  the  re- 
muneration should  be  fixed  by  the  trustees  as  it  had  been 
previously  according  to  the  Code  of  1873.  In  1884  the 
percentage  of  the  road  fund  under  his  control  was  re- 
duced from  five  to  two  per  cent ;  and  in  1906  this  was  cut 
off  entirely. 

In  all  cases  of  appeal  from  the  decision  of  the  trustees 
concerning  drainage  or  damages  from  domestic  animals, 
the  clerk  is  allowed  a  fee  for  making  transcripts  of  and 
for  entering  records.  His  compensation  as  clerk  of  elec- 
tions is  provided  for  in  the  election  laws.  In  special 
charter  cities  of  thirty  thousand  or  more  population  con- 
stituting a  single  township  a  provision  of  1909  allowed 
the  clerk  a  compensation  of  three  dollars  per  day.150 
Where  a  direct  per  diem  payment  is  made  or  fees  for 
public  records  or  service  are  allowed  the  county  funds 
are  the  source  of  payment,  while  in  other  cases  fees  are 
taxed  to  the  individual. 


VII 
THE  TOWNSHIP  ASSESSOR 

THE  right  to  choose  a  township  assessor  by  ballot  was 
conferred  upon  the  free  male  inhabitants  of  the  Terri- 
tory of  the  Northwest  in  1795.  The  law  declared  that  the 
choice  should  be  made  by  "writing  on  a  piece  of  paper 
the  name  of  the  person "  who  was  preferred  for  assessor, 
and  that  the  person  having  the  greatest  number  of  votes, 
"being  a  freeholder  of  good  fame",  should  be  "attended 
to"  as  the  assessor  of  the  township.  Thereafter  the 
officer  so  elected  should  continue  to  serve  until  his  suc- 
cessor had  qualified.151  Other  officials,  similar  in  func- 
tion, are  also  designated  among  the  township  officers  as 
provided  for  in  1802,  namely,  t '  appraisers  of  houses  and 
listers  of  taxable  property ' '  who  were  charged  with  spe- 
cific duties  in  the  levying  of  taxes.152 

In  1827  the  Territorial  legislature  of  Michigan  made 
provision  for  the  election  of  "not  less  than  three  nor 
more  than  five  assessors"  in  each  township.153  In  1833 
these  assessors  were  authorized  to  district  the  township 
for  assessment  purposes  in  a  manner  which  to  them  ap- 
peared most  convenient,  but  the  number  of  such  districts 
should  not  be  greater  than  the  number  of  assessors.  As 
a  board  of  review  they  were  to  hear  the  complaints  of 
persons  who  considered  themselves  aggrieved,  the  assess- 
ment rolls  being  subject  by  law  to  the  inspection  of  any 
person.154 

For  the  purposes  of  carrying  into  effect  the  laws  of 

85 


86  TOWNSHIP  GOVERNMENT  IN  IOWA 

Michigan  relative  to  the  levying  of  taxes,  the  county  in 
the  Territory  of  Wisconsin  was  to  be  regarded  as  a  single 
township.  Before  such  laws  became  effective,  however, 
the  Territorial  legislature  of  Wisconsin  amended  the 
several  Michigan  acts  by  making  the  assessor,  while 
originally  a  township  officer,  responsible  for  the  area 
included  in  the  entire  county.155  This  was  the  only 
change  made  in  the  statute  of  Michigan  relative  to  the 
assessor  as  extended  over  Wisconsin  until  1838.  In  Jan- 
uary of  that  year  the  legislature  of  the  Territory  of 
Wisconsin  provided  that  "at  the  time  and  place  of  hold- 
ing the  election  for  county  commissioners "  one  assessor 
should  be  elected  for  the  entire  county.  He  must  possess 
the  qualifications  of  an  elector  —  which,  indeed,  was  re- 
quired of  all  persons  previously  chosen  to  this  office. 
His  term  was  fixed  at  one  year,  which  was  the  usual  time 
for  such  service ;  and  he  was  required  to  furnish  bond  to 
be  approved  by  the  county  commissioners,  who  were 
authorized  also  to  fill  vacancies  in  the  office.  In  this 
instance  the  law  fixed  the  amount  of  the  bond  at  three 
hundred  dollars.  Security,  it  appears,  had  been  required 
in  the  form  of  a  personal  guarantee  as  to  fitness  when 
the  assessor  was  first  named  by  the  township  electors  in 
the  Territory  of  the  Northwest  in  1795.  This  was  fur- 
nished by  the  signatures  of  "six  free-holders ' ',  in  addi- 
tion to  the  three  judges  who  signed  the  certificate  of 
election.156 

As  an  illustration  of  the  application  of  Wisconsin 
law  to  local  jurisdictions  in  1837,  the  election  in  Lee 
County  (Iowa)  on  Monday,  April  3,  1837,  may  be  cited. 
It  was  held,  as  stated  in  the  county  records,  for  the  pur- 
pose of  electing  three  supervisors,  three  commissioners 
of  highways,  and  three  assessors,  in  addition  to  other 


THE  TOWNSHIP  ASSESSOR  87 

officers.  Calvin  J.  Price,  William  Newcomb,  and  Stephen 
Graves  were  the  assessors  chosen  at  this  township  elec- 
tion, which  included  the  entire  county.  This  may  indeed 
be  regarded  as  typical  of  Michigan  law  as  well,  since  as 
noted  above,  a  statute  of  that  Territory  passed  in  1827 
provided  for  from  three  to  five  assessors  in  each  town- 
ship.157 Furthermore,  the  Wisconsin  statute  which  was 
passed  in  January,  1838,  became,  by  the  Organic  Act 
establishing  the  Territory  of  Iowa,  effective  in  the  latter 
Territory  until  changed  by  the  legislature. 

By  the  Wisconsin  statute  the  assessor  was  to  be  cho- 
sen for  the  entire  county  as  a  county  officer,  as  is  seen  in 
the  record  of  the  election  of  a  single  assessor  in  Lee 
County,  recorded  in  September,  1838.  J.  P.  Barnett  was 
chosen  assessor,  probably  at  the  April  election  of  1838.158 
Again,  the  records  of  Scott  County  illustrate  the  power 
of  appointment  as  set  forth  in  the  Wisconsin  law.  It  is 
stated  that  neither  the  county  treasurer  nor  the  county 
assessor  had  qualified  for  their  respective  offices  follow- 
ing the  election  of  1838.  Thereupon  the  commissioners 
appointed  to  both  vacancies  one  Ira  Cook,  who  furnished 
bonds  as  required  and  took  the  oath  of  office  as  treasurer 
and  assessor.159 

The  first  law  of  the  Territory  of  Iowa  relative  to  the 
assessing  and  collecting  of  county  revenue,  approved  on 
January  24,  1839,  provided  for  an  assessor  for  each 
county.160  Nor  is  he  again  to  be  considered  among  the 
township  officials  until  the  act  approved  on  February  13, 
1843,  became  effective,  when  his  term  was  fixed  at  one 
year  and  his  bond  of  one  hundred  dollars  with  securities 
approved  by  the  board  of  trustees  was  to  be  filed  within 
ten  days.  Within  that  time  also  he  must  further  qualify 
by  taking  the  proper  oath  before  the  township  clerk.  In 


88  TOWNSHIP  GOVERNMENT  IN  IOWA 

counties  not  organized  into  townships  the  assessor  be- 
came a  precinct  officer  with  the  same  duties  and  require- 
ments as  township  assessors,  while  his  bond  must  be 
approved  by  the  county  commissioners  and  the  oath  ad- 
ministered by  their  clerk.  For  filling  vacancies  in  this 
office  in  organized  townships  the  trustees  were  to  make 
the  necessary  provisions.  In  precincts  it  is  probable 
that  the  county  commissioners  were  authorized  to  act, 
although  the  law  does  not  so  declare.  There  was,  more- 
over, no  penalty  provided  for  failure  to  qualify. 

By  the  statute  of  1843  authority  was  conferred  upon 
the  assessor,  whenever  he  should  deem  it  necessary,  to 
appoint  a  deputy,  subject  to  the  approval  of  the  township 
trustees,  and  each  deputy  was  required  to  qualify  in  all 
respects  as  the  principal  officer;  while  for  all  the  official 
acts  of  his  deputy  the  assessor  was  to  be  held  responsible. 
Immediately  following  his  election  and  qualification,  the 
duties  of  the  assessor,  as  defined  in  the  act,  were  to  begin, 
and  "on  or  before  the  first  Monday  in  July"  his  assess- 
ment roll  must  be  delivered  to  the  county  commissioners. 
A  provision  of  this  act  which,  however,  related  only  to 
the  assessment  of  real  estate,  names  an  appraising  board 
to  be  composed  of  the  "present"  county  assessor  and 
two  especially  appointed  commissioners  or  appraisers. 
This  board  was  authorized  to  determine  the  value  of  real 
estate  for  the  following  five  years,  and  was  to  act,  it  ap- 
pears, independently  of  the  township  assessor.  The 
assessor  was  instructed  to  give  "a  full  description  of  all 
town  lots  in  his  township,  or  precinct",  and  also  to  add 
all  property  that  might  have  been  ' '  omitted  by  his  prede- 
cessor", the  county  assessor.  For  all  these  services  his 
compensation  of  two  dollars  per  day  was  payable  from 
the  county  treasury  and  was  subject  to  a  discount  ac- 


THE  TOWNSHIP  ASSESSOR  89 

cording  to  the  judgment  of  the  county  commissioners  in 
the  event  of  failure  on  the  assessor's  part  to  make  a  full 
and  complete  assessment  of  property  in  his  township.161 

During  the  following  session  of  the  Territorial  legis- 
lature, which  commenced  in  December,  1843,  the  act  ap- 
proved on  February  13,  1843,  was  repealed.  The  status 
of  the  assessor  was  not  materially  changed,  however,  by 
the  new  law  which  was  approved  on  February  15,  1844. 
He  remained  as  before  a  township  or  precinct  officer  with 
the  same  term  of  office ;  but  his  bond  was  doubled,  and  a 
failure  to  furnish  bond  within  ten  days  resulted  in  a 
vacancy,  which  was  filled  by  the  trustees  as  provided  in 
the  act  of  1843 ;  while  for  a  precinct  vacancy  the  county 
commissioners  were  held  responsible.  The  compensation 
of  the  assessor  was  reduced  to  a  per  diem  of  one  dollar 
and  fifty  cents,  and  at  the  same  time  he  was  not  allowed 
to  appoint  a  deputy.  Furthermore,  a  penalty  of  five 
dollars  was  imposed  for  failure  to  qualify,  with  the  pro- 
vision that  no  one  should  be  compelled  to  serve  two  years 
in  succession. 

While  in  the  former  statute  it  had  been  provided  that 
the  duties  of  the  assessor  should  begin  immediately  fol- 
lowing his  election,  the  act  of  1844  fixed  the  time  as  with- 
in three  days  after  the  first  of  May.  Then,  in  assessing 
real  estate  it  was  necessary  only  to  "  describe  it  briefly ", 
using  the  number  or  the  name  the  property  was  usually 
known  by  in  the  neighborhood  or  township.  The  as- 
sessor was  authorized  to  secure  from  each  person  the 
necessary  information;  and  if  any  such  person  should 
refuse,  the  law  furnished  a  simple  remedy,  namely,  that 
he  must  obtain  it  "by  the  best  means  in  his  power ".  As 
a  penalty,  imposed  for  refusal,  the  assessor  was  author- 
ized to  double  the  taxable  value  of  the  individual  so 


90  TOWNSHIP  GOVERNMENT  IN  IOWA 

refusing.  Upon  filing  his  returns  with  the  clerk  of  the 
county  commissioners,  he  was  required  to  give  notice  of 
that  fact  by  "at  least  three  advertisements  in  his  town- 
ship or  precinct ",  this  being  deemed  necessary  in  order 
that  all  persons  "aggrieved  by  such  assessment "  might 
appear  thereafter  at  the  office  of  the  clerk  of  the  county 
board  and  make  their  complaint.162 

There  was  a  return  to  the  plan  of  county  assessors  in 
1845.  The  term  of  office  remained  as  before,  and  the 
duties  are  perhaps  sufficiently  defined  in  the  acts  already 
mentioned.  The  county  assessor  was  authorized,  how- 
ever, to  appoint  a  deputy,  who  must  meet  the  require- 
ments of  the  county  commissioners ;  but  the  appointment 
of  such  a  deputy  was  optional  with  the  assessor.163 

By  the  first  law  relative  to  the  office  of  assessor,  after 
Iowa  became  a  State,  enacted  in  February,  1847,  the 
sheriff  of  the  county  was  named  assessor  ex  officio.164 
But  by  an  act  approved  on  January  22, 1853,  the  township 
was  again  made  the  unit  for  assessments.  This  was, 
indeed,  substantially  a  reenactment  of  a  former  statute, 
for  the  term  of  the  assessor  remained  at  one  year,  and 
the  bond  and  compensation  were  unchanged.  It  may  be 
noted,  however,  that  the  county  judge  now  occupied  the 
place  of  the  former  board  of  county  commissioners,  and 
in  so  far  as  the  assessor  was  a  precinct  officer  the  judge 
must  approve  his  bonds  and  fill  vacancies  in  the  office. 

There  does  appear,  however,  a  new  feature  in  the  act 
of  1853,  which  required  the  assessors  of  the  several  town- 
ships or  precincts,  as  the  case  might  be,  to  present  them- 
selves at  the  office  of  the  county  judge  on  the  third 
Monday  in  April,  annually,  and  there  as  a  board  to  classi- 
fy the  various  kinds  of  property  to  be  assessed.  This 
seems  to  have  been  preliminary  to  the  assessment,  which 


THE  TOWNSHIP  ASSESSOR  91 

followed  not  later  than  the  fourth  Monday  in  April. 
Then,  on  the  first  Monday  in  July  they  were  required  to 
meet  again  under  the  same  conditions  as  a  board,  and 
"in  conjunction  with  the  county  judge "  equalize  the  as- 
sessments previously  made.  This  statute  provided,  also, 
that  wherever  in  the  Code  of  1851  the  term  "county  as- 
sessor "  appeared  it  should  thereafter  read  "township 
assessor  ",165 

Another  cycle  was  begun  in  1857  when  the  assessor 
again  became  a  county  officer  to  be  chosen  by  the  county 
electors  for  two  years  and  to  be  required  to  give  bond  at 
five  thousand  dollars.  He  was  not,  however,  authorized 
by  this  act  to  appoint  his  own  deputy  or  deputies,  since 
this  power  was  now  exercised  by  the  county  judge,  who 
was,  it  appears,  in  most  matters  all-powerful.  But  by 
this  legislation  the  compensation  of  the  assessor  was 
increased  to  two  and  one-half  dollars  per  day  for  actual 
service.166 

The  revenue  law  of  1858  readjusted  the  system  by 
making  the  assessor  once  more  a  township  officer  to  be 
elected  for  a  term  of  one  year.  In  many  respects  the  law 
of  1853  supplied  the  provisions  of  the  statute  of  1858. 
Bonds  in  the  sum  of  five  hundred  dollars  filed  with  the 
trustees,  or  in  the  case  of  precincts,  with  the  county 
judge  were  required ;  while  the  compensation  was  placed 
at  two  dollars  per  day.  The  meeting  of  the  several  asses- 
sors at  the  office  of  the  county  judge  was  again  required ; 
but  such  meeting  must  occur  on  the  second  Monday  of 
January,  while  the  duties  were  defined  as  in  the  former 
law  but  in  greater  detail.  A  second  meeting  of  all  asses- 
sors of  the  county  was  provided  for  on  the  last  Saturday 
of  March  annually,  for  the  specific  purpose  of  "complet- 
ing assessments"  and  of  making  returns  of  lands  or 


92  TOWNSHIP  GOVERNMENT  IN  IOWA 

property  assessed  in  the  townships  of  the  owners  but 
lying  in  other  townships  in  the  same  county.167 

If  one  may  judge  from  the  various  statutes  governing 
the  duties  of  the  assessor,  it  has  been  the  opinion  of  law- 
makers that  for  first-hand  information  the  assessor  was 
in  a  position  to  obtain  what  was  desired.  For  this  reason 
it  appears  that  a  constantly  increasing  number  of  im- 
portant duties  were  thrust  upon  the  office.  A  knowledge 
of  the  population,  simply  as  to  numbers,  was  of  course 
essential ;  and  so  the  first  census  was  provided  for  in  1844 
when  the  county,  township,  or  precinct  assessor,  as  the 
case  might  be,  was  required  to  secure  a  list  of  all  the 
white  inhabitants  not  only  in  his  own  local  district  but  in 
any  adjoining  county  wherein  no  assessor  had  been  cho- 
sen. Neither  did  the  assessor's  duty  cease  until  he  had 
certified  the  result  to  the  clerk  of  the  county  commission- 
ers. A  penalty  was  attached  to  a  failure  to  carry  out  the 
provisions  of  the  law,  whereby  the  guilty  officer  became 
subject  to  a  fine  up  to  three  hundred  dollars.168 

When  the  office  of  assessor  returned  to  the  township 
electors,  as  provided  in  1858,  an  act  relative  to  the 
enumeration  of  the  inhabitants  required  the  assessor  of 
the  township,  commencing  with  1859,  to  perform  this 
duty  at  the  time  of  making  the  property  assessments. 
Moreover,  the  taking  of  such  an  enumeration  was  re- 
quired for  the  years  1863,  1865,  1867,  1869,  1875,  and 
every  ten  years  thereafter.  All  these  returns  were  to  be 
filed  with  the  clerk  of  the  district  court  within  a  limited 
period.169  The  information  secured  through  the  town- 
ship assessor  was  meager  when  compared  with  the  data 
collected  in  accordance  with  later  requirements  relative 
to  the  taking  of  the  census,  or  other  acts  involving  sta- 
tistics. 


THE  TOWNSHIP  ASSESSOR  93 

It  was  not  until  1861  that  the  demands  of  the  militia 
law  as  amended  made  it  the  duty  of  the  assessor  to  list 
annually  the  persons  subject  to  military  duty  and  to  cer- 
tify the  same  to  the  district  court  as  in  the  case  of  other 
enumerations.  Severe  penalties,  moreover,  were  pro- 
vided at  that  date  for  any  willful  failure  to  perform  the 
duties  prescribed  by  the  law.  These  extended  to  a  heavy 
fine,  with  removal  from  office  and  a  possible  disqualifica- 
tion for  holding  any  office  for  a  period  of  four  years 
following.  This  statute  appears  to  have  been  purely  a 
war  measure.170 

Nor  did  the  listing  of  persons  subject  to  military 
duty  conclude  the  activities  of  the  assessor  as  a  conse- 
quence of  war ;  for  in  1864  the  law  required  the  listing  by 
the  assessor  of  such  citizens  as  were  then  in  the  service 
of  the  United  States  and  who  had  families  within  the 
township.  The  listing  included,  also,  the  families  of 
others  who  had  died,  or  were  disabled  in  the  service. 
The  information  thus  collected  was  returned  to  the  coun- 
ty board  of  supervisors  on  regulation  forms  furnished 
by  the  county  authorities.171 

When  the  war  had  closed  the  State  required  that  an 
enumeration  of  all  the  children  of  deceased  soldiers  be 
taken  by  each  township  assessor  before  the  first  Monday 
in  June,  1866,  and  annually  for  two  years  thereafter.172 
Another  demand  made  upon  the  assessor,  which  has  to 
do  with  war  records,  appears  in  the  laws  of  1884,  which 
required  a  list  of  all  former  soldiers  and  sailors  of  the 
War  of  1812,  the  Mexican  War,  and  the  War  of  the  Re- 
bellion to  be  made.  The  information  desired  is  specified 
in  the  law.173  Finally,  in  1911  all  "soldiers,  sailors  [and] 
widows  "  who  are  allowed  exemptions  on  tax  assessment, 
as  the  law  provides,  must  be  separately  enumerated  by 


94  TOWNSHIP  GOVERNMENT  IN  IOWA 

the  township  assessor  and  returns  made  to  the  county 
auditor  as  in  other  cases.174 

Another  special  enumeration  during  this  period  was 
the  one  of  1868  arising  out  of  the  registry  law  as  effective 
in  the  township.  The  assessor  under  that  act  was  re- 
quired to  record  annually  the  names  and  places  of  resi- 
dence of  all  voters  in  the  township,  either  actual  or 
prospective,  on  or  before  July  1st  of  each  year.175  Then 
annually  after  1909  it  became  his  duty  to  "record  the 
names,  ages,  sex  and  postoffice  address  of  all  deaf  and 
blind  persons  who  reside  within  his  jurisdiction ",176 

Commencing  with  1862  the  tendency  has  been  toward 
the  separation  of  the  affairs  of  the  township  as  included 
within  an  incorporated  town  from  those  of  the  outlying 
territory.  The  duties  of  the  township  assessor  were  in 
1862  limited  to  the  area  "exclusive  of  the  territory  of 
such  city  or  incorporated  town",  and  by  the  same  act  his 
compensation  was  reduced  to  one  dollar  and  fifty  cents 
per  day.177  An  amendment  of  1872,  moreover,  made  his 
election  depend  upon  the  votes  of  the  electors  without 
the  district  included  in  the  incorporated  town,  while  the 
previous  law  did  not  make  this  definite  statement.178 
Another  amendment,  added  in  1876,  gave  authority  to 
the  incorporated  town  when  composed  of  fractions  of  two 
or  more  townships  to  provide  for  an  assessor  for  the 
territory  included,  to  which  such  an  assessor's  duties 
were  thereafter  limited.179  All  these  acts  were  repealed, 
however,  in  1882  and  a  substitute  enacted,  combining  the 
features  of  the  previous  acts  relative  to  the  separation  of 
jurisdictions  and  providing  for  a  term  of  two  years.  A 
provision  appears,  furthermore,  governing  the  assessors 
of  incorporated  towns,  which  is  similar  to  that  included 
in  the  law  of  1853  whereby  the  township  assessors  were 


THE  TOWNSHIP  ASSESSOR  95 

required  to  meet  as  an  equalizing  board  —  but  this  pro- 
vision applied  only  where  more  than  one  assessor  was 
chosen  in  the  town.180 

It  was  in  1866  that  some  system  entered  into  the  forms 
used  in  the  assessment  of  real  estate.  Under  the  act  of 
this  year  it  became  the  duty  of  the  clerk  of  the  board  of 
supervisors,  a  function  soon  afterward  of  the  county 
auditor,  to  furnish  the  township  assessor  with  a  plat  of 
all  lands  in  his  township  upon  which  he  was  required  to 
place  a  valuation,  and  then  return  the  same  to  the  clerk 
of  the  county  board.  This,  it  appears,  was  the  assessor's 
part  in  a  general  plan  to  preserve  the  exact  records  of 
real  estate.181  In  harmony  with  this  law  another  statute 
appears  in  1872  by  which  the  assessor  was  empowered  to 
cause  the  survey  and  the  platting  of  tracts  of  less  than 
forty  acres,  where  such  units  of  the  government  survey 
had  been  subdivided.  Indeed,  the  assessor  was  compelled 
by  the  law  to  secure  such  a  survey  and  such  a  record  in 
order  to  perfect  the  assessment,  and  should  the  owner 
refuse  he  was  empowered  to  proceed  upon  his  own  motion 
to  cause  the  same  to  be  made  and  thereafter  to  add  the 
costs  to  the  assessment.  Moreover,  where  the  property 
of  non-residents  was  concerned  notice  of  action  was  un- 
necessary. He  could  then  proceed  at  once  and  his  duties 
and  returns  were  not  considered  complete,  and  no  com- 
pensation was  due  him,  until  all  such  required  acts  were 
performed  and  the  records  returned.182 

When  the  law  of  1868  providing  for  tax  exemptions 
for  "one  or  more  acres  of  forest  trees  for  timber "  be- 
came effective,  it  devolved  upon  the  township  assessor  to 
make  due  return  of  such  claims.  The  person  complying 
with  the  law  must  show  "to  the  satisfaction  of  the  asses- 
sor ' '  of  his  own  township  that  his  claims  were  sufficient. 


96  TOWNSHIP  GOVERNMENT  IN  IOWA 

An  appeal  lay,  however,  to  the  county  board  in  the  event 
of  dissatisfaction  with  the  decision  of  the  assessor.  A 
similar  enactment  in  1906  regarding  ' 'forest  and  fruit 
tree  reservation "  required  the  assessor  to  secure  the 
sworn  statement  or  affirmation  of  all  persons  making  ap- 
plication for  such  exemptions.183 

The  importance  of  data  relative  to  crops  and  live 
stock  led,  in  1892,  to  placing  among  the  duties  of  the 
assessor  the  collection  of  such  information.  This  was  a 
requirement  for  each  odd-numbered  year,  or  it  was  to  be 
taken  at  the  time  of  assessing  real  estate.184 

The  provisions  of  the  Code  of  1897  relating  to  the 
census  were  amended  in  1904,  and  thereafter  the  number 
of  items  which  were  required  relative  to  population  and 
statistics  of  agricultural  products  was  largely  increased. 
The  act  appears  to  combine  the  provisions  of  previous 
acts  which  required  the  assessor  to  perform  certain  duties 
of  this  character.  The  responsibility  for  enforcing  the 
collection  of  such  data  rested  as  to  expenses  with  the 
county;  while  the  State  authorities  might,  in  case  of 
failure  and  delay,  enter  into  any  township  or  division 
thereof  and  " cause  such  census  to  be  made".185 

In  1909  "crop  statistics"  became  annual  require- 
ments, and  to  that  extent  increased  the  duties  of  the 
township  assessor,  who  is  now  required  to  secure  the 
necessary  information  from  each  resident  of  his  township 
whose  property  is  listed,  which  data  is  incorporated  in 
the  reports  of  the  Secretary  of  the  State  Board  of  Agri- 
culture. Before  the  fifteenth  day  of  April  of  each  year 
such  report  blanks  as  are  furnished  to  the  assessor  must 
be  filled  out  as  required  by  law  and  placed  in  the  hands 
of  the  county  auditor.186 

When  the  local  board  of  equalization  was  first  pro- 


THE  TOWNSHIP  ASSESSOR  97 

vided  for  in  1870,  the  assessor  was  required  to  be  present 
and  to  make  all  corrections  upon  the  assessment  rolls. 
Although  the  township  clerk  acted  in  his  usual  capacity, 
the  assessor  was  placed  in  charge  of  the  assessment  lists 
and  then  required  to  read  each  item  consecutively,  check- 
ing such  lists  as  the  board  proceeded  through  the  record 
with  which  he  was  personally  concerned.  He  became 
responsible,  also,  to  the  board  of  review  for  the  methods 
employed  in  making  his  assessments;  and  by  them  he 
might  be  summoned  for  an  "  examination "  with  refer- 
ence thereto.  It  became,  furthermore,  a  misdemeanor 
and  was  punishable  accordingly  for  any  assessor  to  re- 
fuse to  obey  any  summons  of  this  nature.187 

By  the  Code  of  1897  the  assessors  of  the  several 
townships  are  required  to  assemble  at  the  call  of  the 
county  auditor  in  order  to  receive  instructions  relative  to 
their  duties,  which  begin  immediately  following  the  sec- 
ond Monday  in  January.  For  attendance  upon  a  meet- 
ing of  this  character  the  compensation  for  one  day  of 
eight  hours  is  to  be  allowed.  This  can  not  be  greater  than 
two  dollars,  but  shall  be  such  as  may  be  determined  upon 
by  the  county  supervisors.  Mileage  allowance  at  the 
rate  of  six  cents  for  one  way  is  a  feature  which  is  not 
found  heretofore  in  any  act  providing  for  compensa- 
tion.188 

With  the  enactment  of  the  so-called  Mulct  Tax  Law, 
approved  on  March  29,  1894,  the  assessor  was  charged 
with  a  new  obligation  in  that  he  was  required  to  report  a 
list  of  all  places  coming  under  this  statute  four  times  in 
each  year.  Furthermore,  a  failure  to  comply  with  all  the 
provisions  of  the  law  subjected  the  offender  to  suspension 
or  removal  from  office  by  the  ' '  district  court  or  any  judge 
thereof ".  An  amendment  of  1902  contained  an  added 


98  TOWNSHIP  GOVERNMENT  IN  IOWA 

requirement  as  to  the  necessary  notice  which  the  assessor 
must  furnish  before  listing  such  property  for  the  special 
tax.189 

The  assessment  of  corporation  property,  the  discov- 
ery of  the  ownership  of  stocks,  and  the  adjustment  of 
taxes  relative  to  public  service  organizations  were  not 
questions  of  serious  proportions  until  after  the  railways 
had  entered  the  State.  It  is  true,  however,  that  previous- 
ly some  provision  was  made  for  the  assessment  of  part- 
nerships, as  is  illustrated  in  the  following  section  from  a 
law  approved  in  1844 : 

Partners  in  the  mercantile  or  other  business,  whether  re- 
siding in  the  same  or  different  townships  or  precincts,  may  be 
jointly  taxed  under  their  partnership  name,  in  the  township  or 
precinct  where  their  business  is  carried  on,  for  all  the  personal 
property  employed  in  such  business;  and  if  they  have  places  of 
business  in  two  or  more  townships  or  precincts,  they  shall  be 
taxed  in  those  several  townships  or  precincts  for  the  proportions 
of  property  employed  in  such  townships  or  precincts  respective- 
ly.^ 

At  this  time  the  assessor  was  a  township  or  precinct 
officer  and  it  became  his  duty  to  list  such  property. 
Again,  in  1847  "partners  in  mercantile  or  other  busi- 
ness "  might  be  jointly  taxed  "for  all  capital,  personal 
and  real  property,  employed  in  such  business ".  The 
sheriff  was  then  the  assessor  ex  officio.*9* 

It  was  not  until  1851  that  any  mention  appears  to  have 
been  made  of  possible  combinations  of  capital  whereby 
the  assessor  might  find  difficulty  in  locating  the  owner- 
ship. The  assessor,  still  a  county  officer,  was  instructed 
to  require  the  "secretary  or  clerk ",  or  any  officer  who 
acted  in  that  relation  to  any  such  organization,  to  furnish 
him  with  "a  list  of  the  names  and  residences"  of  non- 


THE  TOWNSHIP  ASSESSOR  99 

resident  stockholders,  with  the  "number  of  shares  of 
each  and  both  the  par  value  and  the  market  value  of  such 
stock  ".  It  was  further  provided  that  if  any  officer,  called 
upon  to  furnish  such  information,  should  refuse  to  com- 
ply the  assessor  should  have  authority  to  obtain  the  same 
"in  the  best  manner"  within  his  power,  and  in  such  cases 
to  assess  the  shares  of  non-residents  to  the  company.  It 
may  be  noted  in  this  connection  that  the  corporations 
named  at  that  date  included  companies  constructing 
"canals,  rail- ways,  plank-roads,  graded-roads,  turnpike- 
roads,  and  similar  improvements".  In  such  cases  the 
interests  of  non-residents  were  to  be  assessed  in  the  coun- 
ty where  ' '  either  terminus  of  the  structure ' '  was  located ; 
while  the  county  first  listing  or  assessing  was  to  collect 
the  tax  thereon.192 

The  provisions  of  the  Code  of  ±851,  as  outlined  in  the 
previous  paragraph,  appear  to  have  been  included  in  an 
act  in  relation  to  revenue  approved  on  March  23,  1858. 
In  this  statute  the  Code  provisions  were  not  changed 
except  that  the  shares  of  non-residents  were  required  to 
be  assessed  in  the  county  "in  which  is  situated  their 
principal  business  within  this  State."  By  this  act  the 
assessor  became  a  township  officer,  and  it  is  clear  that  he 
would  have  the  same  jurisdiction  within  the  township  as 
the  county  assessor  named  in  the  previous  law.193 

Upon  the  creation  of  the  national  bank  the  law  of  the 
State  added  a  new  duty  to  the  already  numerous  list  of 
functions  of  the  township  assessor.  All  shares  of  these 
organizations  were  now  to  be  assessed  "in  the  township, 
incorporated  town,  or  city"  where  located,  whether  or  not 
the  shareholder  resided  therein.  By  this  law,  which  was 
approved  on  April  2,  1866,  the  principal  accounting  of- 
ficer was  required  to  furnish  the  township  assessor  with 


100  TOWNSHIP  GOVERNMENT  IN  IOWA 

the  names  of  persons  owning  shares  in  such  corporations 
and  the  amount  owned  by  each.  Furthermore,  the  cor- 
poration, or  association  as  it  was  termed,  became  liable 
for  the  tax,  and  the  assessor  was  not  now  required  to 
obtain  the  information  "in  the  best  manner "  within  his 
power.194 

During  the  decade  following  1856  the  question  of  the 
assessment  and  taxation  of  railroads,  telegraph,  and  ex- 
press companies  became  a  serious  subject  for  the  law- 
makers. The  provisions  for  the  assessment  of  other 
corporations  applied  to  the  railroads  locally,  as  it  ap- 
pears from  the  statutes,  until  1862.  Thereafter  the  local 
assessor  ceased  to  have  any  responsibility  in  the  matter 
generally,  such  assessment  having  been  placed  in  the 
hands  of  State  authorities.  He  was  required,  however,  by 
the  act  of  1862  to  attend  to  the  listing  of  any  property, 
personal  or  real  estate,  not  included  in  ' '  road-bed,  track, 
rolling  stock,  and  necessary  buildings "  of  the  road.193 

In  1868  the  assessment  of  telegraph  and  express  com- 
panies was  regulated  by  a  law  especially  applicable  to 
them.  The  local  assessor  was  required  thereafter  to  in- 
clude the  property  of  whatever  nature  belonging  to  such 
corporations  "in  the  valuation  of  the  personal  property 
of  such  company  or  body  corporate  in  the  assessment  of 
taxes  in  the  township,  incorporated  town,  or  city"  where 
such  a  company  maintained  an  office.  The  agent  in 
charge,  moreover,  was  directed  by  the  law  —  without  per- 
sonal penalty  —  to  furnish  the  requisite  information 
regarding  "gross  receipts"  to  the  assessor  of  the  local 
jurisdiction.  Here  again  the  listing  officer,  in  case  of 
failure  to  obtain  the  information  by  other  means,  was 
expected  "to  ascertain  as  near  as  may  be"  the  amount  of 
gross  receipts  of  the  local  office  and  thereupon  to  make 


THE  TOWNSHIP  ASSESSOR  101 

his  assessment  according  to  law.196  In  1878,  however, 
the  assessment  of  telegraph  lines  was  placed  under  the 
control  of  State  authorities,197  and  by  an  act  in  1896,  the 
assessor  was  relieved  of  his  responsibility  in  the  assess- 
ment of  the  receipts  of  express  companies.198 

The  extremes  of  penalty  for  failure  to  qualify  or  to 
perform  the  duties  which  the  law  defined,  the  rise  and 
fall  in  the  amount  of  security  required  and  of  compensa- 
tion allowed,  or  the  increase  in  the  authority  granted  the 
officer  in  making  his  assessment,  all  of  which  topics  have 
been  referred  to  heretofore,  may  be  briefly  summarized. 
From  no  penalty  to  the  small  amount  of  five  dollars  for 
failure  to  qualify  the  change  is  not  marked;  from  no 
penalty  to  five  hundred  dollars  for  failure  to  perform  his 
duties  according  to  law  is  more  noticeable;  while  the 
provisions  of  a  recent  law  (1894)  extending  the  penalty 
to  a  possible  removal  from  office  appears  out  of  the  ordi- 
nary when  compared  to  any  previous  act  —  excepting 
that  of  1861  relating  to  the  militia,  when  disqualification 
for  office  for  four  years  was  the  penalty  for  failure  to 
return  a  list  of  those  subject  to  military  duty.  The  com- 
pensation, either  fixed  by  law  or  limited  generally  there- 
by, has  varied  in  amount  from  an  allowance  according  to 
the  discretion  of  the  county  board,  with  hours  not  speci- 
fied, to  two  and  one-half  dollars  per  day  for  eight  hours 
for  all  townships.  For  those  townships  containing  a 
population  of  thirty  thousand,  and  under  special  condi- 
tions, four  dollars  per  day  was  permitted  by  a  law  of 
1909,  which  appears  to  be  the  last  act  upon  the  subject.199 
Finally,  from  being  compelled  to  obtain  his  information 
in  the  best  manner  possible,  penalties  and  measures  in- 
tended to  aid  the  assessor  in  securing  data  have  been 
from  time  to  time  incorporated  in  the  statutes.200 


VIII 
THE  TOWNSHIP  COLLECTOR 

A  COLLECTOR  of  taxes  f or  each  township  was  provided  for 
in  the  laws  of  the  Territory  of  Michigan  in  1827.  Like 
other  officers  of  the  township  he  was  elected  for  one  year, 
and  in  order  to  qualify  he  was  required  to  furnish  the 
security  specified  by  law.201  His  duties,  implied  in  his 
title,  began  upon  the  receipt  of  the  assessment  roll  and 
the  warrant  to  proceed  with  the  collection  of  the  township 
taxes.  After  deducting  five  per  cent  of  his  collections 
for  his  compensation  the  balance  of  the  funds  must  be 
paid  to  the  supervisor  of  the  township,  to  the  overseers 
of  the  poor,  or  to  the  county  treasurer,  in  accordance 
with  the  requirements  named  in  the  warrant.  He  was 
furthermore  authorized  to  offer  property  at  public  sale 
in  the  event  of  refusal  on  the  part  of  the  assessed  person 
to  pay  the  tax  due.202 

In  1833  the  township  supervisor  was  required  to  de- 
termine what  particular  duty  should  be  assigned  to  each 
collector  when  more  than  one  such  officer  was  chosen  in  a 
township.  Under  this  law  of  1833,  which  was  in  force 
when  the  Iowa  country  became  a  part  of  Michigan  Terri- 
tory, the  collector  settled  with  the  county  treasurer.203 
He  did  not  collect  the  Territorial  tax :  this  was  the  duty 
of  the  sheriff,  and  for  such  taxes  the  county  was  the 
unit.204  This  explains  the  action  of  the  Board  of  Super- 
visors of  Dubuque  County  as  recorded  in  their  first  order 
at  the  session  of  Friday,  May  13, 1836,  wherein  the  treas- 

102 


THE  TOWNSHIP  COLLECTOR  103 

urer  was  charged  with  the  Territorial  tax  as  levied  upon 
that  county  and  was  ordered  to  "settle  with  the  sher- 
iff".205 As  a  single  township  the  remaining  tax  would  be 
collected  in  the  usual  manner,  and  the  treasurer  would 
settle  with  the  collector. 

While  the  Iowa  country  was  under  the  jurisdiction  of 
the  original  Territory  of  Wisconsin  a  law  of  January, 
1838,  provided  that  the  sheriff  of  the  county  should  be- 
come the  collector  of  taxes.206  In  January,  1839,  the 
Territorial  legislature  of  Iowa  enacted  a  statute  relating 
to  revenue  in  which  the  sheriff  likewise  was  made  the 
collector  of  all  taxes.207  Later,  in  1842,  the  constable  was 
made  the  collector  of  township  taxes.208  Then,  by  the 
revenue  law  of  1844,  the  county  treasurer  became  the 
collector  of  all  taxes,  and  for  this  purpose  he  or  his 
deputy  was  required  to  visit  each  township  to  receive 
payment  at  some  definite  place  as  announced  through 
public  notice.209 

The  term  "township  collector",  as  used  in  the  stat- 
utes, does  not  appear  again  until  in  1868,  when  the 
Twelfth  General  Assembly  passed  an  act  providing  for 
such  an  officer.  If  by  a  majority  of  two-thirds  the  county 
board  of  supervisors  in  counties  of  four  thousand  or 
more  population  should  order  the  election  of  the  collector 
in  accordance  with  the  provisions  of  the  law,  each  town- 
ship was  required  to  follow  the  order  by  electing  a  col- 
lector annually. 

In  counties  adopting  this  system  the  collector,  having 
qualified  and  received  the  duplicate  tax  list  from  the 
county  treasurer,  was  directed  by  the  statute  to  post  no- 
tices in  each  school  district  and  city  ward,  as  well  as  to 
advertise  in  local  papers  that  such  tax  list  had  been  re- 
ceived, and  that  he  would  be  located  at  some  convenient 


104  TOWNSHIP  GOVERNMENT  IN  IOWA 

place  from  nine  in  the  morning  until  four  in  the  after- 
noon "at  least  once  each  week"  for  the  purpose  of  re- 
ceiving payment.  Moreover,  these  hours  were  to  be  the 
same  until  March  1st  in  each  year.  After  that  date  the 
collector  was  required  to  make  at  least  one  personal  call 
upon  all  the  individuals  whose  taxes  remained  unpaid,  in 
order  to  make  a  personal  demand. 

The  collector  was  authorized  to  seize  any  property 
which  the  owner  might  attempt  to  remove  from  the  town- 
ship without  first  paying  the  taxes  thereon,  or  to  collect 
by  force,  if  necessary,  any  tax  due  upon  property  already 
removed  but  which  might  be  found  within  the  limits  of 
the  county.  A  report  of  the  amounts  collected  from 
month  to  month  was  also  a  function  of  the  collector ;  and 
all  his  duties  must  be  completed  and  settlements  made 
before  the  first  Monday  in  May  following  the  commence- 
ment of  his  collections  in  January. 

Having  furnished  sufficient  bonds  to  the  county  board, 
he  was  held  responsible  for  all  losses  by  "theft  or  other- 
wise "  which  might  occur  during  the  discharge  of  his 
duties ;  while  his  compensation  depended  upon  the  amount 
collected,  being  fixed  at  two  per  cent  on  all  sums  up  to 
two  thousand  dollars  and  one  per  cent  thereafter.  If, 
however,  he  was  required  to  seize  and  sell  property,  five 
per  cent  was  added  for  his  compensation  and  was  levied 
upon  the  delinquent  taxpayer.210 

By  a  provision  of  the  Code  of  1873,  however,  the  coun- 
ty must  contain  a  population  of  at  least  seven  thousand 
before  township  collectors  could  be  elected  under  orders 
from  the  county  board  of  supervisors;  while  an  act  of 
1884  declared  that  thereafter  no  demand  should  be  made 
for  taxes,  thereby  repealing  all  laws  relative  to  the  town- 
ship collector.211 


IX 
THE  TOWNSHIP  TREASURER 

IN  the  early  history  of  Ohio  a  treasurer  was  elected  in 
the  "original  surveyed  township "  to  care  for  the  funds 
arising  from  the  leasing  of  school  or  church  lands212  and 
in  1831  the  laws  provided  for  a  general  treasurer  for  the 
civil  township.213  The  statutes  of  the  Territory  of  Mich- 
igan in  1829  authorized  the  electors  of  the  township  to 
choose  a  township  treasurer,  who  with  five  directors 
chosen  at  the  same  time  should  form  a  board  for  the  care 
of  the  poor.  In  this  instance  his  functions  were  limited 
to  the  care  of  the  poor  fund  —  and  this  appears  to  be  the 
only  reason  for  his  election.  To  the  board  of  directors 
he  must  furnish  a  bond  for  the  faithful  performance  of 
his  duties;  and  should  he  fail  "to  comply  with  and  enter 
upon  the  duties"  of  his  office  within  a  limited  time  he 
became  subject  to  a  fine  of  "twenty  dollars  for  the  use 
of  the  poor  of  the  township  ",214  A  general  township 
treasurer,  however,  does  not  appear  among  township 
officers  in  either  the  Territory  of  Michigan  or  the  original 
Territory  of  Wisconsin  during  the  period  when  the  Iowa 
country  was  under  their  jurisdiction. 

The  first  act  (1840)  relating  to  townships  in  the  legis- 
lation of  the  Territory  of  Iowa  included  a  treasurer 
among  the  township  officers.  His  term  of  service  was 
implied  in  the  "annual  election"  but  his  duties  were  not 
defined  in  this  law.  Nor  were  they  prescribed  until  the 
same  subject  was  acted  upon  in  1842,  when  he  was  re- 

105 


106  TOWNSHIP  GOVERNMENT  IN  IOWA 

quired  to  give  a  suitable  bond  to  the  trustees  to  insure 
the  performance  of  his  duty  in  receiving  and  paying  over 
all  money  which  might  come  into  his  hands.  As  compen- 
sation for  his  services  he  was  allowed  to  retain  three  per 
cent  of  all  sums  for  which  he  became  responsible,  and 
payments  were  made  by  him  only  on  the  authority  and 
order  of  the  township  trustees.215  This  appears  to  have 
been  the  status  of  the  township  treasurer  when  Iowa  be- 
came a  State  in  1846. 

The  Code  of  1851  makes  no  provision  for  a  township 
treasurer.  Indeed,  the  county  appears  to  have  had  such 
control  over  fiscal  affairs  at  that  time  that  there  was  no 
need  of  such  an  officer.  In  1853,  however,  when  the  town- 
ship was  permitted  to  assume  some  authority  over  roads 
and  highways,  the  township  clerk  was  designated  as  the 
officer  responsible  for  the  care  of  the  road  fund.216  His 
duties  in  that  relation  have  been  discussed  in  connection 
with  the  office  of  clerk  and,  to  some  extent  also,  under 
the  head  of  roads.  Probably  all  townships  which  were 
organized  under  the  act  approved  on  February  17,  1842, 
elected  a  treasurer.  The  local  records  of  the  individual 
townships  from  1842  to  1851  would  alone  throw  light 
upon  this  question. 


THE  JUSTICE  OF  THE  PEACE 

UPON  the  organization  of  the  Territory  of  the  Northwest 
it  appears  that  the  first  statute  enacted  by  the  Governor 
and  Judges  made  provision  for  "regulating  and  estab- 
lishing the  militia";  while  the  second  statute  provided 
for  a  court  of  "general  quarter  sessions  of  the  peace" 
and  for  i  l  a  competent  number  of  justices  of  the  peace  in 
every  of  the  counties",  all  of  whom  were  to  be  appointed 
and  commissioned  by  the  Governor.217 

From  the  use  of  the  term  "court"  as  here  indicated 
the  expression  "county  court"  is  frequently  found  long 
after  the  "quarter  sessions  of  the  peace"  had  ceased  to 
be  a  part  of  the  local  government  in  the  Territories 
formed  from  the  original  Territory  of  the  Northwest.218 
The  justice  of  the  peace,  however,  continued  to  represent 
the  judicial  branch  of  the  government  wherever  settle- 
ments were  made  —  the  number  appointed  depending  to 
some  extent  upon  the  needs  of  the  community.  The  ap- 
pointing of  justices  remained  in  the  hands  of  the  Gov- 
ernor until  provision  was  made  for  elections  in  precincts 
or  townships  as  the  laws  might  determine. 

After  the  admission  of  Ohio  in  1803,  and  the  subse- 
quent organization  of  townships,  it  appears  that  a 
"proper  number"  of  justices  of  the  peace  were  assigned 
to  each  township  to  be  elected  by  the  people;  and  when 
chosen  they  were  to  continue  in  office  for  three  years.219 
After  1803  the  office  of  justice  of  the  peace  continued  to 

107 


108  TOWNSHIP  GOVERNMENT  IN  IOWA 

be  an  elective  one  in  the  State  of  Ohio.220  Nevertheless, 
in  the  statutes  of  the  Territory  of  Michigan  and  the 
original  Territory  of  Wisconsin,  which  laws  were  later 
extended  over  the  Territory  of  Iowa,  the  office  of  justice 
of  the  peace  in  no  instance  appears  to  have  been  under 
the  control  of  the  electors.221  In  1834  when  the  Iowa 
country  became  a  part  of  Michigan  Territory  for  the 
purposes  of  temporary  government  the  powers  of  the 
justice  were  as  defined  in  a  statute  of  1833.222  These 
powers  were  limited  to  minor  civil  matters  and  mis- 
demeanors, for  the  justice  was  primarily  a  peace  officer. 
Under  certain  restrictions,  defined  in  the  statute,  cases 
might  be  appealed  to  the  higher  courts.  Compensation 
was  in  the  form  of  fees,  varying  from  six  and  one-fourth 
cents  for  the  entry  of  a  verdict  to  one  dollar  and  a  half 
for  performing  a  marriage  ceremony. 

It  appears  then  that  the  justice  of  the  peace  was  re- 
garded as  a  county  officer ;  and  according  to  the  Organic 
Act  and  laws  of  the  original  Territory  of  Wisconsin  he 
was  so  continued,  since  no  change  is  recorded  in  the  laws 
of  Michigan  as  extended  over  the  Wisconsin  Territory 
until  1838.  It  was  then  provided  that  there  should  be 
appointed  in  each  organized  county  as  many  justices  of 
the  peace  as  in  the  opinion  of  the  Governor  the  good  of 
the  public  and  the  wants  of  the  people  might  demand. 
The  term  of  service  was  fixed  at  four  years,  and  resigna- 
tions must  be  addressed  to  the  Governor  or  the  Secretary 
of  the  Territory.  No  person  other  than  a  citizen  of  the 
United  States  who  had  resided  in  the  Territory  for  twelve 
months  and  in  the  county  for  six  months  was  eligible  to 
the  office.223 

While  by  the  act  of  1838  the  justice  of  the  peace  was 
appointed  by  the  Governor,  his  residence  and  jurisdic- 


THE  JUSTICE  OF  THE  PEACE  109 

tion  were  limited,  for  upon  removal  from  the  township 
in  which  he  was  appointed  he  became  for  that  reason 
disqualified,  and  was  thereupon  required  to  surrender  all 
his  dockets,  books,  and  documents  to  the  nearest  justice 
in  the  same  township.  Every  justice,  however,  had  juris- 
diction coextensive  with  the  county  so  long  as  qualified 
by  residence  in  the  township  as  stated.  If  a  case  should 
arise  in  a  township  where  there  was  no  qualified  justice, 
or  if  all  were  interested  in  the  case,  then  the  trial  might 
proceed  before  some  justice  in  an  adjoining  township.224 
In  every  instance,  it  appears,  the  law  aimed  to  bring  the 
means  of  securing  justice  within  easy  reach  of  the  people, 
and  also  to  provide  for  an  agency  or  authority  that  might 
prevent  disorder  in  the  community. 

The  first  act  of  the  Territorial  legislature  of  Iowa 
relative  to  the  justice  of  the  peace  was  a  reenactment  of 
the  Wisconsin  law  of  1838,  excepting  in  a  very  few  par- 
ticulars. By  the  Iowa  statute  the  justice  was  not  dis- 
qualified except  upon  his  removal  from  the  county.  In 
that  event  he  must  deliver  his  records  and  documents  to 
the  nearest  justice  in  that  county.  Moreover,  his  term  of 
office  was  by  the  Iowa  law  fixed  at  three  years.225 

Again,  by  an  act  approved  on  January  14,  1840,  the 
Territorial  legislature  of  Iowa  provided  that  "hereafter 
in  every  township  organized  by  law  in  any  county  in  this 
territory,  there  shall  be  elected  two  justices  of  the  peace ' ' 
at  the  same  time  and  in  the  same  manner  as  other  town- 
ship officers.  The  one  securing  the  highest  number  of 
votes  under  this  act  was  declared  elected  for  two  years, 
and  should  there  be  a  tie  vote  "the  elder  one  shall  have 
the  priority ".  After  the  first  election  one  justice  was  to 
be  chosen  annually  for  a  term  of  two  years.  In  counties 
not  yet  organized  into  townships  justices  were  to  be 


110  TOWNSHIP  GOVERNMENT  IN  IOWA 

elected  by  precincts  in  the  same  manner  —  provided  that 
four  might  be  chosen  in  the  Burlington,  Dubuque,  and 
Fort  Madison  precincts,  and  three  in  the  Farmington, 
West  Point,  Keosauqua,  Bloomington,  and  Iowa  City 
precincts.  When  counties  containing  precincts  were  di- 
vided into  townships  and  justices  were  chosen  according 
to  the  township  plan  noted  above,  those  already  in  office 
should  so  continue  until  the  expiration  of  the  two  years 
for  which  they  were  elected.  Moreover,  it  was  provided 
that  thirty  days  after  the  election  of  justices  in  any  town- 
ship or  precinct  the  office  of  justice  of  the  peace  "held  by 
virtue  of  a  commission  from  the  governor,  shall  be 
deemed  expired  and  at  an  end."226 

The  Revision  of  1843  required  the  justice  to  reside  in 
the  township  or  precinct  for  which  he  was  elected  during 
the  time  he  continued  in  office ;  and  no  person  other  than  a 
citizen  of  the  United  States,  who  had  resided  in  the  coun- 
ty for  "six  months  next  before  his  election",  was  to  be 
eligible  to  such  an  office.  And  when  a  township  or  pre- 
cinct was  divided  for  any  reason  and  a  justice  of  the 
original  area  should  fall  into  the  new  township  or  pre- 
cinct he  should  continue  to  discharge  the  duties  of  his 
office  until  the  term  for  which  he  was  chosen  should  ex- 
pire. In  the  event  of  removal  from  the  township  or 
precinct  he  was  required  to  surrender  to  the  next  nearest 
justice  of  the  peace  all  his  documents  of  whatever  kind. 
The  nature  of  his  duties  would  be  indicated  in  the 
"docket"  which  the  law  directed  him  to  keep.227 

In  1844  the  laws  of  the  Territory  of  Iowa  declared 
that  "every  action  cognizable  before  a  justice  of  the 
peace,  instituted  by  summons,  shall  be  brought  before 
some  justice  of  the  peace  of  the  township  or  precinct 
where  the  defendant  resides",  provided  there  was  a  jus- 


THE  JUSTICE  OF  THE  PEACE  111 

tice  duly  qualified  in  that  district.  This  act  contained  a 
provision  that  the  four  justices  formerly  allowed  to  cer- 
tain special  precincts  named  above  —  now  formed  into 
townships  —  should  be  reduced  to  three,  while  an  addi- 
tional justice  was  allowed  to  Linn  Township,  Cedar  Coun- 
ty, who  should  reside  on  the  west  side  of  the  Cedar  Eiver 
in  that  county.  This  provision  was  due  to  the  inconveni- 
ences arising  to  settlers  residing  west  of  the  river  who 
were  without  the  services  of  a  justice.  Under  township 
organization  the  justice  was  required  to  pay  all  moneys 
that  came  into  his  hands  to  the  township  treasurer  or, 
where  the  precinct  system  was  retained,  to  the  county 
treasurer.228 

There  does  not  appear  to  have  been  any  further  legis- 
lation relating  directly  to  the  office  of  the  justice  of  the 
peace  until  the  adoption  of  the  Code  of  1851.  It  was  then 
provided  that  for  all  purposes,  except  that  of  election,  the 
justice  was  to  be  regarded  as  a  county  officer.  In  effect 
this  had  been  true  before,  even  though  it  was  not  so 
stated.  Two  justices  were  to  be  chosen  in  each  town- 
ship ;  but  when  an  incorporated  town  lay  within  the  town- 
ship boundaries,  the  trustees  had  power  by  giving  due 
notice,  to  provide  for  l '  one  or  two  additional  justices '  *.229 
The  county  judge  must  approve  the  bonds  of  the  justices 
in  his  county,  and  the  Code  of  1851  prescribed  the  amount 
of  five  hundred  dollars  as  a  minimum  for  the  security 
offered  by  a  justice.  In  all  his  proceedings  the  justice 
was  directed  to  act  as  his  own  clerk.230  These  regula- 
tions governing  the  justice  in  the  township  were  declared 
to  apply  also  to  those  elected  in  precincts.231 

The  Code  of  1851  defined  the  territorial  jurisdiction 
of  the  justice  "when  not  specially  restricted "  to  be 
"geographically  coextensive "  with  the  county.  In  law  it 


112  TOWNSHIP  GOVERNMENT  IN  IOWA 

extended,  within  prescribed  limits,  to  cases  of  a  civil 
nature  where  the  amount  in  controversy  did  not  exceed 
one  hundred  dollars;  and  this,  by  agreement,  might  be 
extended  to  any  amount  "not  exceeding  five  hundred 
dollars ".  The  Code  of  1873,  however,  did  not  give  the 
justice  jurisdiction  coextensive  with  his  county  where 
the  suit  was  against  an  actual  resident  of  another  county, 
except  ' '  on  written  contracts,  stipulating  for  payment  at 
a  particular  place ' '.  In  the  latter  instance  suit  might  be 
brought  in  the  township,  and  therefore  before  the  justice 
where  the  payment  was  to  be  made.232 

While  the  statutory  provisions  governing  procedure 
in  the  court  of  the  justice  of  the  peace  are  beyond  the 
scope  of  this  discussion  it  may  be  noted  that  he  has  been 
assigned  new  duties  as  legislation  has  been  enacted  to 
meet  new  conditions.  For  instance,  he  may  be  required 
to  act  with  the  State  Veterinary  Surgeon  in  appraising 
the  value  of  diseased  stock,  and  in  case  of  disagreement 
a  second  justice  may  be  called  to  act  as  "  umpire  ",  their 
decision  being  final  when  the  value  does  not  exceed  one 
hundred  dollars.233  Again,  by  an  act  of  1911  he  is  author- 
ized, on  complaint  of  any  citizen,  to  decide  what  consti- 
tutes an  obstruction  of  the  highway.234 

The  compensation  of  the  justice  of  the  peace  has  al- 
ways been  in  the  form  of  fees  in  all  instances  until  in 
recent  years.  In  1894  an  act  '  *  limiting  the  compensation 
of  justices  of  the  peace  and  constables "  in  townships 
required  the  justice,  when  the  total  fees  amounted  to 
more  than  one  hundred  and  fifty  dollars,  to  report  quar- 
terly to  the  board  of  county  supervisors.  In  other  town- 
ships where  the  fees  were  of  a  less  amount  than  one 
hundred  and  fifty  dollars  reports  were  required  annually. 
In  townships  having  a  population  of  four  thousand  or 


THE  JUSTICE  OF  THE  PEACE  113 

less,  all  fees  above  six  hundred  dollars  must  be  paid  to 
the  county  treasurer;  where  the  population  was  above 
four  and  under  ten  thousand  the  allowance  was  eight 
hundred  dollars  per  annum,  provided  this  amount  was 
collected  in  fees;  in  townships  containing  from  ten  to 
twenty  thousand  people  one  thousand  dollars  in  fees 
might  be  retained ;  where  the  census  showed  a  population 
of  from  twenty  to  thirty  thousand,  twelve  hundred  dol- 
lars was  the  limit ;  and  in  townships  having  above  thirty 
thousand  population  the  maximum  compensation  was 
fifteen  hundred  dollars.235  An  amendment  in  1907  re- 
quired the  justices  in  townships  of  above  twenty-eight 
thousand  population  to  turn  in  all  criminal  fees  collected 
during  the  year ;  and  they  were  to  be  paid  a  fixed  salary 
while  being  permitted  to  retain  a  certain  portion  of  the 
fees  in  civil  cases  "for  expenses  of  their  offices  actually 
incurred ' ',  but  this  amount  could  not  exceed  five  hundred 
dollars  per  annum.236  These  provisions,  however,  apply 
only  to  cities ;  and  while  the  law  appears  to  be  a  general 
act  the  portion  relating  to  fixed  salaries  does  not  affect 
the  ordinary  township. 


XI 
THE  CONSTABLE 

OBIGINALLY,  in  the  Territory  of  the  Northwest,  the  con- 
stable was  appointed  by  the  court  of  general  quarter 
sessions  for  each  township  in  the  county.  He  was  both 
a  township  and  a  county  officer,  and  as  such  was  to  "con- 
tinue to  serve  as  a  constable  of  the  township  specially, 
as  a  constable  of  the  county  generally  for  the  term  of  one 
year".  By  this  law,  passed  in  1790,  he  was  empowered 
to  serve  all  "lawful  precepts "  directed  to  him  specially 
and  generally,  and  he  was  furthermore  "to  do  and  per- 
form all  duties  and  services  incumbent  on  him  as  an 
officer  of  the  township  or  county,  or  of  the  several  courts 
of  law"  which  might  be  held  within  his  county.237  An 
additional  provision  was  made  in  1799  for  the  appoint- 
ment of  "one  or  more  respectable  and  confidential  per- 
sons, in  each  and  every  township ' '  to  serve  as  constables 
for  the  term  of  one  year,  or  until  their  successors  had 
qualified  by  the  proper  oath ;  but  in  no  instance  were  they 
obliged  to  serve  for  a  longer  period  than  three  months 
beyond  the  expiration  of  their  term  of  office,  nor  for  more 
than  one  year  in  ten.  In  addition  to  the  usual  civil  ser- 
vices the  constable  so  appointed  was  "as  far  as  in  him 
lies,  to  apprehend  and  bring  to  justice,  all  felons  and  dis- 
turbers of  the  peace",  and  also  to  do  those  things  neces- 
sary "to  keep  and  preserve  the  peace  within  the  county 
in  which  he  shall  have  been  appointed".  Should  the 
appointed  officer  fail  to  take  the  oath  as  required  within 

114 


THE  CONSTABLE  115 

a  period  of  eight  days,  or  neglect  to  perform  the  duties  of 
the  office,  a  fine  of  twenty  dollars  might  be  collected  in 
the  name  of  any  person  who  might  sue  for  it,  one-half  of 
such  fine  to  become  the  reward  of  the  individual  plaintiff. 
In  the  event  of  a  vacancy  in  the  office  of  constable,  due  to 
death,  removal,  or  disqualification,  the  justice  of  the 
peace  within  the  township  was  authorized  to  make  an 
appointment.238 

The  Governor  and  Judges  of  the  Territory  of  Mich- 
igan in  their  legislative  capacity  made  provision  for  "a 
competent  number  of  constables"  in  each  of  the  judicial 
districts,  who  should  "within  their  respective  Districts, 
possess  the  same  powers"  and  perform  the  same  duties 
as  the  marshals  of  the  district.  They  were  also  "liable 
to  the  same  responsibility".239  After  the  county  com- 
missioners had  come  into  power  in  the  Michigan  Terri- 
tory in  1818,  they  were  later  authorized  (in  1820)  to 
recommend  to  the  Governor  ' '  such  persons  for  constables 
in  the  respective  townships,  as  they  may  deem  proper". 
From  the  persons  recommended  the  Governor  was  di- 
rected to  appoint  a  suitable  number.240  Within  the  same 
year  the  Governor  was  authorized  to  appoint  these  of- 
ficers for  the  county,  their  term  of  office  being  at  his 
pleasure.  The  authority  of  the  constable  in  this  instance, 
in  civil  and  criminal  cases,  was  "coextensive  with  the 
counties"  for  which  they  were  severally  appointed;  and 
within  this  jurisdiction  they  became,  moreover,  the  "min- 
isterial officers  of  justices  of  the  peace"  in  addition  to 
performing  their  general  police  duties.241 

In  1825  constables  in  the  Territory  of  Michigan  were 
chosen  by  the  electors  of  the  county,  the  number  being 
determined  by  the  justices  of  the  county  courts  at  least 
thirty  days  "previous  to  any  annual  election".  These 


116  TOWNSHIP  GOVERNMENT  IN  IOWA 

courts  also  determined  "the  townships  or  other  divisions 
of  the  counties  in  which  such  constables"  should  reside. 
The  term  of  office  as  fixed  by  the  act  of  1825  was  one 
year ;  and  the  duties,  powers,  and  penalties  were  the  same 
as  previously  provided ;  while  the  incumbent  was  subject 
to  removal  by  the  justices  of  the  county  court.242 

Two  years  later,  in  1827,  constables  were  elected  at 
the  same  time  as  other  township  officers.  There  were  to 
be  as  many  as  "to  the  electors  of  the  same  township  so 
met  [in  town  meeting],  or  the  major  part  of  them,  shall 
seem  necessary  and  convenient".  They  should  serve  for 
one  year;  and  any  failure  to  comply  with  the  require- 
ments of  the  law  relative  to  the  assuming  of  the  office 
made  the  one  so  offending  subject  to  a  fine  of  fifteen 
dollars.243 

From  the  time  of  the  organization  of  the  original 
Territory  of  Wisconsin  (1836)  until  1838,  the  laws  of 
Michigan  Territory  relative  to  township  officers  appear 
to  have  been  in  force  in  the  Iowa  country.  In  1838,  how- 
ever, it  was  provided  that  in  certain  townships  recently 
set  off  and  established  "any  number  of  constables,  not 
exceeding  three"  might  be  chosen  in  each  town  (town- 
ship), except  that  in  those  towns  where  seats  of  justice 
were  located  the  limit  was  placed  at  four.244 

The  first  act  of  the  Legislative  Assembly  of  the  Terri- 
tory of  Iowa  concerning  the  office  of  constable,  approved 
on  January  24, 1839,  provided  for  his  election  annually  in 
each  of  the  organized  counties  in  the  Territory,  the  num- 
ber being  determined  by  the  "number  of  magistrates 
appointed  in  each  county".  The  filling  of  vacancies  was 
to  be  provided  for  by  the  county  commissioners.  Like 
the  justice  of  the  peace,  the  constable  was  to  be  paid  for 
his  services  in  fees  upon  the  execution  of  his  duties  in 


THE  CONSTABLE  117 

individual  cases.245  In  1840  the  law  providing  for  the 
organization  of  townships  authorized  the  election  of  two 
constables  in  the  same  manner  as  other  township  officers 
were  chosen,  and  they  were  required  to  execute  the  in- 
structions of  the  electors  regarding  the  preservation  of 
order  in  the  annual  township  meeting.246 

By  the  statute  of  1842,  providing  for  the  organization 
of  townships,  the  constable  became  the  collector  of  taxes, 
and  as  such  was  required  to  furnish  suitable  bonds  to  be 
approved  by  the  township  trustees  and  filed  with  the 
township  treasurer.  To  perform  the  service  of  tax  col- 
lector he  was  allowed  four  months,  and  failure  to  comply 
with  these  regulations  subjected  him  to  a  penalty  of 
twenty  per  cent  of  his  bond  as  damages ;  while  his  com- 
pensation for  collecting  the  tax  was  equivalent  to  that  of 
the  county  collector  (the  sheriff)  at  the  same  time.  A 
further  duty  of  the  constable  related  to  the  town  meeting, 
which  he  was  commanded  to  call  on  the  authority  of  a 
warrant  issued  by  the  trustees.247 

As  amendatory  to  the  law  of  1839  it  was  provided  in 
1844  that  the  constable  should  file  his  bond  with  the  town- 
ship clerk,  instead  of  with  the  township  treasurer,  or, 
where  counties  were  not  yet  organized  into  townships, 
with  the  clerk  of  the  county  commissioners.  It  was 
further  stipulated  that  "any  person  or  persons,  bodies 
politic  or  corporate "  that  should  suffer  injury  through 
any  act  of  a  constable  while  in  his  official  capacity  might 
recover  on  his  bond  t '  for  his  or  their  benefit '  *.248  Again, 
in  another  statute  of  the  same  year  there  was  a  provision 
that  the  "jurisdiction  of  constables,  as  conservators  of 
the  peace  and  executive  officers"  should  be  coextensive 
with  that  of  justices  of  the  peace  of  the  townships  or 
precincts  for  which  they  were  elected.249  In  1846  the 


118  TOWNSHIP  GOVERNMENT  IN  IOWA 

term  of  office  was  extended  to  two  years  "in  all  of  the 
townships  and  precincts ' ' ;  and  this  appears  to  have  been 
the  status  of  the  constable  when  Iowa  became  a  State.250 

In  1851  the  law  governing  the  selection  of  constables, 
as  contained  in  the  Code,  made  slight  changes  in  his 
relation  to  the  township.  Two  constables  were  to  be 
chosen  at  the  election;  and  if  considered  necessary  by  the 
trustees  they  might  authorize  the  election  of  two  more; 
and  when  an  incorporated  town  was  located  in  any  town- 
ship—  which  was  the  chief  reason  it  seems  for  the 
additional  number  —  two  must  reside  in  the  town.  Con- 
stables were  again  declared  to  be  "ministerial  officers  of 
justices  of  the  peace",  and  they  were  under  orders  to 
attend  the  district  court  when  so  notified  by  the  sheriff. 
They  were  subject,  also,  to  the  orders  of  the  clerk  or  the 
trustees  of  the  township  in  all  matters  within  the  re- 
quirements of  the  law.  This  illustrates  the  relation  of 
the  constable  to  both  the  township  and  the  county  and 
suggests  the  reason  for  his  being  considered  a  county 
officer  inasmuch  as  he  was  an  officer  of  the  courts.251 

Any  person  of  suitable  age  might  be  called  upon  by  a 
justice,  who  should  make  his  appointment  in  writing,  to 
perform  the  duties  of  a  constable.  No  fees,  however, 
were  allowed  for  such  service;  while  the  appointee  was 
bound  by  all  the  obligations  of  a  constable  legally  elect- 
ed.252 The  compensation  of  the  constable  continued  to 
be  paid  in  fees,  varying  according  to  the  Code  of  1851 
from  five  to  fifty  cents  as  applied  to  no  less  than  fifteen 
specific  acts.253 

It  is  apparent  that  the  intention  of  the  law  in  every 
instance  aimed  at  the  accommodation  of  local  needs,  and 
therefore  special  acts  providing  for  additional  justices 
of  the  peace  and  constables  were  frequent.  Certain  town- 


THE  CONSTABLE  119 

ships  were  named  in  the  acts  and  the  place  of  residence 
of  the  additional  constable  is  stated,  which  makes  it  clear 
that  the  laws  were  intended  to  meet  local  demands.254 

According  to  the  Code  of  1873  the  constable  was  to  be 
elected  for  two  years,  but  his  functions  remained  sub- 
stantially the  same.  Indeed,  there  appears  to  have  been 
no  marked  differences  in  his  status  during  the  period 
included  in  this  chapter  excepting  in  the  method  of  his 
selection  —  which  was  by  appointment  directly  by  the 
executive  of  the  Territory,  or  by  election  by  the  county, 
and  later  by  the  township,  electors. 

Recent  legislation,  however,  has  dealt  with  the  con- 
stable's compensation,  both  as  to  the  amount  and  the 
manner  of  payment.  While  he  continues  to  receive  def- 
inite legal  fees  for  his  services  in  most  cases,  the  law  now 
requires  him  to  report  them  and  in  some  instances  turn 
all  of  them  into  the  county  treasury.  In  other  instances 
only  all  fees  above  an  amount  determined  in  proportion 
to  the  population  of  his  township  must  be  so  delivered. 
In  other  words,  the  constable's  compensation  is  limited 
to  a  certain  amount  to  be  collected  in  fees,  and  therefore 
such  compensation  may  or  may  not  reach  the  limit  fixed 
by  law.  The  first  act  of  this  nature,  passed  in  1894,  was 
amended  in  1907  so  that  in  townships  of  a  given  popula- 
tion a  definite  salary  was  to  be  paid,  all  fees  of  whatever 
kind  being  turned  into  the  treasury,  while  the  provisions 
of  the  former  act  remained  in  force  in  other  townships. 
Another  amendment,  made  in  1909,  reduced  the  propor- 
tion of  population  in  its  relation  to  the  amount  of  com- 
pensation to  be  paid  from  the  treasury  or  retained  in 
fees;  but  this  act  made  no  change  in  the  reports  which 
are  required  to  be  made  to  the  county  board  by  each  con- 
stable in  the  township.255 


XII 
THE  FENCE  VIEWER 

THE  office  of  fence  viewer  was  established  in  the  Terri- 
tory of  the  Northwest  in  1799.  By  an  act  of  the  General 
Assembly  of  that  Territory  it  was  provided  that  "for  the 
better  ascertaining  and  regulating  of  partition  fences ", 
the  court  of  general  quarter  sessions  of  the  peace  should 
in  each  year  appoint  three  honest  and  able  men  for  each 
township.  The  duty  of  these  officers,  as  implied  in  their 
title,  was  to  view  all  fences  "about  which  any  difference 
may  happen  or  arise ".  They  were,  moreover,  the  sole 
judges  of  the  sufficiency  of  these  improvements  and  of 
the  charges  to  be  borne  by  any  one  who  was  found  de- 
linquent.256 

In  1827  the  laws  of  the  Territory  of  Michigan  pro- 
vided that  the  number  of  fence  viewers  should  be  deter- 
mined by  the  electors  in  the  township,  but  their  duties 
appear  to  have  been  the  same  as  under  the  statute  of 
1799.257  In  1833  the  fence  viewers  were  empowered  to 
appraise  the  damages  caused  by  any  domestic  animal 
running  at  large,  if  the  person  damaged  called  upon  them 
for  such  service ;  and  having  made  their  assessment  they 
were  directed  to  return  in  writing  the  amount  of  the  same 
with  their  charges.  Should  any  dispute  arise  concerning 
drainage  ditches,  as  to  direction,  proportion  of  work, 
expense,  depth,  length,  or  even  of  the  necessity  of  such 
drainage,  it  was  also  within  the  power  of  the  fence  view- 
ers to  pass  final  judgment  regarding  the  matter.258  Or  if 

120 


THE  FENCE  VIEWER  121 

damages  should  result  from  the  neglect  of  any  party  to 
make  such  an  improvement  the  fence  viewers  were 
authorized  to  assess  the  same. 

The  Michigan  statute  of  1833  relative  to  fence  viewers 
appears  to  have  been  in  force  in  the  Iowa  country  during 
the  period  from  September,  1834,  to  1836,  while  this 
country  was  attached  to  Michigan  Territory,  and  also 
while  it  was  under  the  jurisdiction  of  the  original  Terri- 
tory of  Wisconsin  from  1836  to  1838.  In  the  first  law 
affecting  townships  passed  by  the  Legislative  Assembly 
of  the  Territory  of  Iowa  in  1840,  among  the  officers 
named  were  two  fence  viewers.259  Again,  according  to 
the  law  approved  on  February  17, 1842,  three  fence  view- 
ers were  to  be  chosen  at  the  annual  township  meeting.260 
In  the  first  of  these  acts  their  duties  were  not  specified, 
and  it  is  concluded  that  they  must  have  been  the  same  as 
those  found  in  the  Michigan  statute  so  far  as  applicable 
to  local  conditions.  The  term  of  office  of  the  fence  viewer 
continued  until  his  successor  had  qualified.  Exemption 
from  labor  upon  the  roads  appears  to  have  been  the  only 
compensation  allowed  for  his  public  service ;  while  service 
rendered  to  individuals  was  paid  for  in  accordance  with 
specific  provisions  of  the  law. 

It  was  not  until  1842  that  the  duties  of  the  fence 
viewer  were  specifically  defined  in  an  act  regulating 
fences,  which  provided  that  when  damages  were  caused 
to  the  property  of  any  landowner  through  the  trespass 
of  animals  he  might  appeal  to  the  fence  viewers  to  assess 
the  same  or,  if  there  were  none,  to  a  justice  of  the  peace 
who  should  appoint  two  householders  to  perform  the 
duty.  For  services  of  this  nature  the  compensation  of 
the  fence  viewers,  or  those  appointed,  was  fixed  at  fifty 
cents  per  day ;  and  a  penalty  of  not  to  exceed  two  dollars 


122 


TOWNSHIP  GOVERNMENT  IN  IOWA 


fine  might  be  inflicted  for  failure  to  serve.261  That  the 
law  was  drawn  from  the  statutes  of  Ohio  is  evident  from 
the  comparison  below.  While  the  four  sections  contained 
in  the  Ohio  statute  were  adopted,  the  first  section  is  suf- 
ficient to  illustrate  the  similarity  and  show  the  changes 
necessary  to  adapt  the  law  to  conditions  in  Iowa. 
Furthermore,  an  additional  clause  is  found  in  section 
four  of  the  Iowa  statute  which  made  provision  for  coun- 
ties where  townships  were  not  yet  organized;  while  an 
additional  section  became  necessary  to  meet  the  situation 
referred  to  above  where  no  fence  viewers  were  qualified 
to  act.  The  provision  relating  to  a  fine  as  indicated  in 
the  first  section  of  the  Ohio  law  was  repeated  in  the  fourth 
section  and  is  there  adopted  in  the  Iowa  statute. 


The  Ohio  Statute 

Sec.  1.  That  if  any  horse, 
mare,  mule  or  ass,  or  any  cat- 
tle, hogs,  sheep  or  goats,  shall 
break  into  any  grounds,  being 
inclosed  with  a  strong  and 
sound  worm  fence  sufficiently 
staked  and  ridered,  or  locked 
at  each  joint,  five  feet  six  inch- 
es high,  or  with  strong  post 
and  rails  or  posts  and  pailings 
[palings]  five  feet  high,  or 
with  a  hedge  two  feet  high, 
upon  a  ditch,  three  feet  deep 
and  three  feet  wide,  or  instead 
of  such  hedge,  a  rail  fence  of 
two  feet  and  a  half  high,  or 
with  a  fence  five  feet  six  inches 
high,  composed  of  strong 
sound  timber,  put  up  in  any 


The  Iowa  Statute 

Sec.  1.  That  if  any  horse, 
mare,  mule  or  ass,  or  any  cat- 
tle, hogs,  sheep  or  goats,  shall 
break  into  any  ground  being 
enclosed  with  a  strong  worm 
fence,  sufficiently  staked  and 
ridered,  or  locked  at  each  joint, 
five  feet  in  height,  or  with 
strong  post  and  rails,  or  post 
and  pailings  [palings]  five  feet 
high,  or  with  a  hedge  two  feet 
high  upon  a  ditch  three  feet 
deep  and  three  feet  wide,  or  in 
stead  of  such  hedge  a  rail  fence 
three  feet  high,  or  with  a  sod 
fence  three  feet  high,  with  a 
ditch  on  each  side  three  feet 
wide  and  three  feet  deep,  or  a 
stone  fence  four  feet  high,  or 


THE  FENCE  VIEWER 


123 


with  a  fence  five  feet  six  inches 
high,  composed  of  strong  tim- 
ber, put  up  in  any  other  prop- 
er manner  not  herein  particu- 
larly expressed,  and  the  owner 
or  occupier  of  such  enclosure 
shall  consider  him  or  herself 
aggrieved  thereby,  the  person 
so  injured  may  apply  to  the 
fence  viewers  of  the  township, 
who  shall  forthwith  repair  to 
the  place  where  such  injury 
was  done,  and  then  diligently 
examine  such  fence. —  From 
Laws  of  the  Territory  of  Iowa, 
1841-1842,  pp.  11,  12. 


other  proper  manner  not  here- 
in particularly  expressed,  and 
the  owner  or  occupier  of  such 
inclosure  shall  consider  him  or 
herself  aggrieved  thereby,  the 
person  so  injured  may  apply 
to  the  fence-viewers  of  the 
township,  who  shall  forthwith 
repair  to  the  place  where  such 
injury  was  done,  and  there  dil- 
igently examine  such  fence, 
and  for  refusal  or  neglect  so 
to  repair  and  examine  as  afore- 
said, the  fence-viewers  shall 
respectively,  be  liable  to  a  fine 
of  two  dollars,  to  be  recovered 
on  suit  of  the  party  injured. — 
From  Acts  of  the  State  of 
Ohio,  First  Session,  Third  Gen- 
eral Assembly,  1804-1805,  p. 
215. 

By  a  law  of  1844  the  fence  viewers  were  required  to 
adjust  disagreements  relative  to  boundary  fences  when 
persons  "aggrieved"  requested  such  assistance;  and  in 
all  such  cases  the  conclusion  of  the  viewers  given  in 
writing  to  each  party  was  final.  If  any  one  of  these  of- 
ficials refused  to  serve  when  called,  a  fine  of  three  dollars 
might  be  imposed.262  Finally,  in  1845  the  township  trus- 
tees became  ex  officio  overseers  of  the  poor  and  fence 
viewers  for  their  townships ;  and  this  act  closed  the  his- 
tory of  the  office  as  a  separate  institution  in  Iowa.263 
The  procedure  of  the  trustees  while  acting  as  fence  view- 
ers has  been  described  above. 


XIII 
THE  TOWNSHIP  SUPERVISOR 

THE  Territory  of  Michigan  appears  to  have  made  no 
provision  for  township  trustees;  but  in  1827  the  Legis- 
lative Council  authorized  the  electors  in  the  township 
meeting  to  choose  one  supervisor  who  must  be  an  inhab- 
itant of  the  township.264  According  to  the  provisions  of 
an  act  of  1833  this  supervisor  was  required  to  receive  and 
disburse  all  money  that  might  be  raised  in  his  township 
for  local  purposes,  except  that  raised  for  the  poor.  He 
was  directed  to  keep  "a  just  and  true  account "  of  these 
transactions  and  transmit  the  record  thereof  to  his  suc- 
cessor in  office.  It  was  his  duty  to  meet  with  all  other 
township  supervisors  in  their  capacity  as  a  county  board. 
As  a  member  of  the  township  auditing  board  he  acted 
with  the  justices  of  the  peace  and  the  township  clerk, 
and  to  him  the  latter  two  officers  were  required  to  render 
an  accounting.  He  was  required,  also,  upon  the  delivery 
of  the  assessment  roll  to  present  this  document  to  the 
county  board,  returning  a  copy  after  correction  to  the 
township  clerk  for  the  use  of  the  assessors  during  the 
following  year.265 

In  the  Territory  of  Wisconsin  the  township  supervisor 
was  retained.266  In  1838,  however,  these  supervisors 
were  succeeded  by  county  commissioners  who  assumed 
the  duties  heretofore  performed  by  the  township  super- 
visors in  their  capacity  as  a  county  board.267 

The  system  of  representation  in  county  government 

124 


THE  TOWNSHIP  SUPERVISOR  125 

by  which  the  legal  voters  of  each  township  selected  one 
member  of  the  board  became  effective  in  Iowa  on  July  4, 
I860.268  These  representatives  were  called  "  super- 
visors ",  and  they  came  from  civil  townships,  but  they 
were  not  township  officers  as  were  the  '  '  supervisors ' '  of 
the  Michigan  and  Wisconsin  townships  referred  to  above. 
Moreover,  only  ten  years  passed  before  this  plan  was 
changed  (in  1870)  to  the  district  system,  which  has  con- 
tinued down  to  the  present  day.269  According  to  this 
system  the  county  is  divided  into  from  three  to  seven 
districts,  from  each  of  which  one  supervisor  is  elected  to 
serve  on  the  county  board  of  supervisors. 


XIV 
THE  TOWNSHIP  BOARD 

IN  accordance  with  the  law  of  Michigan  Territory  enact- 
ed in  1828,  the  supervisor,  the  justices  of  the  peace,  and 
the  township  clerk  acting  together  formed  a  board  "to 
audit,  examine  and  settle ' '  annually  all  claims  against  the 
respective  townships.270  In  1830  these  officers  were  con- 
stituted a  board  for  the  licensing  of  taverns  in  the  sev- 
eral townships,  possessing  in  this  capacity  an  authority 
equivalent  to  that  of  the  justices  of  the  county  court ;  and 
at  specified  times  they  were  required  to  convene  for  such 
business.271 

By  an  act  approved  in  1833  it  was  stipulated  that  be- 
fore a  license  was  issued  the  township  board  should  be  of 
the  opinion  that  "a  tavern  is  necessary  at  that  place  for 
the  accommodation  of  travelers",  and  be  satisfied  also 
that  the  applicant  was  "of  good  moral  character  and  of 
sufficient  ability  to  keep  a  tavern".  The  board  was 
authorized  —  if  in  their  judgment  it  seemed  proper  — 
to  "release  the  applicant  from  those  provisions"  which 
related  to  the  proper  supplies  of  "hay,  stabling,  pastur- 
age, provender  and  grain."272  This  Michigan  act  of 
1833  was  in  force  in  the  Iowa  country  after  1834  and  also 
in  the  original  Territory  of  Wisconsin  immediately  fol- 
lowing its  organization  in  1836.273  But  by  an  act  of  the 
Wisconsin  Territorial  legislature,  approved  on  December 
9,  1836,  the  power  to  issue  such  licenses  as  are  named  in 
the  Michigan  act  of  1833  was  delegated  to  the  "super- 

126 


THE  TOWNSHIP  BOARD  127 

visors  of  each  county  ",274  Thus,  the  only  period  during 
which  the  law  making  provision  for  a  township  board 
was  in  force  in  the  Iowa  country  extended  from  Septem- 
ber, 1834,  when  the  Iowa  country  was  attached  to  Mich- 
igan Territory,  to  January  1,  1837,  when  the  law  of 
Wisconsin  Territory  became  effective. 

The  township  board  as  here  described  should  not  be 
confused  with  the  board  of  trustees  as  found  in  the 
present  Iowa  township.  Such  a  board  consisted  of  va- 
rious groups  of  officers  having  individual  functions,  but 
when  acting  collectively  they  possessed  special  powers 
which  are  foreign  to  any  known  experiences  in  the  ad- 
ministration of  Iowa  townships.  Indeed,  no  record  of 
any  such  action  in  the  township  as  provided  for  in  the 
laws  of  Michigan  and  Wisconsin  could  be  possible,  unless 
perhaps  in  the  original  townships  of  Julien  and  Flint 
Hill. 


XV 
THE  EOAD  SUPERVISOR 

BY  a  statute  of  the  Territory  of  the  Northwest  bearing 
the  date  of  1792  the  court  of  general  quarter  sessions  was 
authorized  to  order  the  supervisors  of  the  highways  in 
the  various  townships  to  open  such  roads  as  the  justices 
might  deem  necessary  and  equitable  and  to  require  the 
assistance  of  the  inhabitants  in  the  labor  thereon.  That 
this  provision  might  be  effective  the  court  was  authorized 
to  appoint  a  suitable  number  of  supervisors  of  highways 
in  each  township.275  A  few  years  later  another  act  made 
provision  for  the  appointment  of  viewers  from  among 
the  freeholders,  and  if  objections  were  made  to  their  con- 
clusions reviewers  should  be  selected.  Thus  it  is  ap- 
parent that  the  township  was  considered  as  a  unit  for  the 
direction  of  road  construction  and  repair,  and  that  the 
citizens  thereof  were  held  responsible  for  certain  public 
improvements.  In  1799  road  funds  were  made  available 
through  a  levy  upon  the  township  by  the  county  commis- 
sioners. In  1806,  however,  after  Ohio  became  a  State, 
the  trustees  were  authorized  to  make  such  a  levy.276 

Upon  the  establishment  of  the  Territory  of  Michigan 
in  1805  a  provision,  adopted  from  the  laws  of  New  York, 
gave  the  Governor  authority  to  divide  the  Territory  and 
"the  permanent  highways  thereof,  and  all  temporary  ex- 
isting roads "  into  such  districts  as  he  might  think  prop- 
er; and  he  was  authorized  to  appoint  supervisors  over 
such  districts  as  he  might  establish.277 

128 


THE  ROAD  SUPERVISOR  129 

In  1809,  by  the  laws  of  the  Territory  of  Michigan, 
highway  districts  were  established  on  the  authority  of 
the  judges  of  the  district  court,  and  a  *  '  surveyor  of  high- 
way s"  was  placed  over  each  district.278  It  was  not  until 
1817  that  the  county  court  of  general  quarter  sessions 
was  given  authority  over  roads;  and  at  the  same  time 
provision  was  made  for  the  appointment  of  a  supervisor 
of  roads  for  each  township  by  the  Governor,  upon  the 
recommendations  of  this  court.  His  term  of  office  was 
"during  the  pleasure  of  the  Governor ";  and  if  any  per- 
son appointed  to  this  office  should  refuse  to  serve  he  be- 
came by  such  refusal  subject  to  a  fine  of  one  hundred 
dollars.279  Soon  afterward  provision  was  made  for  the 
division  of  the  township  into  road  districts  under  the 
direction  of  the  county  commissioners,  who  were  to  ap- 
point "some  respectable  person "  as  supervisor  in  each 
district.280 

Three  "commissioners  of  highways"  were  to  be  elect- 
ed in  each  township  of  the  Territory  of  Michigan  in 
accordance  with  an  act  passed  in  1827.  The  duties  of 
these  officers  included  the  repair,  alteration,  and  control 
of  roads  generally,  the  direction  of  the  overseers  in  their 
respective  districts,  the  division  of  their  townships  an- 
nually into  road  districts,  and  the  assigning  of  the  inhab- 
itants of  the  township  to  such  districts  according  to  their 
residence.  They  were  also  authorized  to  determine  the 
number  of  days  each  taxpayer  should  labor  upon  the 
public  roads  under  the  direction  of  the  overseer.281  They 
were  responsible  to  the  township  auditing  board  for  an 
accounting  "of  the  labor  assessed  and  performed ",  and 
of  money  received  by  them,  as  well  as  for  the  improve- 
ments made  upon  roads  and  bridges.  They  were  author- 
ized likewise  to  certify  to  the  township  supervisor  the 


130  TOWNSHIP  GOVERNMENT  IN  IOWA 

amount  of  the  tax  necessary  for  road  improvements.  In 
this  instance  failure  to  assume  the  duties  of  the  office 
subjected  the  one  so  offending  to  a  penalty  of  fifteen 
dollars.282  Such  was  the  law  governing  the  management 
of  highways  in  the  Territory  of  Michigan  in  1834  when 
the  Iowa  District  was  attached  to  that  Territory. 

During  the  period  from  1836  to  1838  roads  in  the  Iowa 
country  were  established  according  to  the  laws  of  Wis- 
consin Territory,  which  gave  the  county  commissioners 
authority  over  all  roads  in  the  county.  An  act  of  Janu- 
ary, 1838,  provided  that  applications  for  new  roads 
should  be  made  by  petition  signed  by  "at  least  fifteen 
householders  of  the  township  or  townships"  through 
which  the  desired  road  was  to  pass.  If  any  three  electors 
in  any  township  presented  objections  a  review  of  the 
road  should  be  ordered.  It  was  provided,  furthermore, 
that  fifteen  freeholders  in  any  township  might  make  ap- 
plication for  the  abandonment  of  any  road  in  the  event 
that  its  repair  appeared  to  be  an  unreasonable  burden  to 
the  township ;  while  a  Territorial  road  might  be  changed 
by  petition  from  any  landowner  if  accompanied  by  the 
signatures  of  fifteen  householders  of  his  township.283 

By  a  law  of  the  Territory  of  Iowa,  approved  on  Janu- 
ary 17,  1840,  the  county  commissioners  were  authorized 
to  "divide  their  respective  counties  or  townships  or  any 
part  thereof  into  suitable  and  convenient  road  districts, 
and  cause  a  brief  description  of  the  same  to  be  entered 
on  the  county  or  township  records ' ',  which  could  be  done 
not  oftener  than  once  each  year.  If  townships  were  not 
yet  organized  the  commissioners  were  empowered  to  ap- 
point "a  suitable  number  of  supervisors",  who  were 
charged  with  the  care  of  the  roads  and  the  collection  of 
all  road  taxes  and  fines  in  their  particular  districts,  and 


THE  ROAD  SUPERVISOR  131 

who  were  required  to  pay  all  money  into  the  hands  of  the 
township  treasurer  when  the  road  supervisor  was  chosen 
by  the  township  electors,  and  otherwise  to  the  county 
treasurer.  It  was  the  duty  of  the  supervisor  to  erect 
guide-posts  at  the  forks  of  every  Territorial  or  county 
road,  and  any  person  who  should  in  any  way  disturb, 
"deface  or  obliterate  any  guide  board  or  mile  post"  was 
subjected  to  severe  penalties. 

No  citizen  appointed  or  elected  to  the  office  of  super- 
visor of  roads  could  refuse  to  serve  without  becoming 
liable  to  a  fine  of  from  five  to  twenty-five  dollars ;  while 
for  his  services  as  supervisor,  above  the  three  days  re- 
quired of  him  as  a  citizen  of  the  road  district,  he  was  per- 
mitted to  draw  from  the  township  treasury  or  the  county 
treasury,  as  the  case  might  be,  one  dollar  per  day.  Then, 
at  the  time  of  settlement  with  the  township  trustees  or 
county  commissioners,  the  matter  of  handling  any  de- 
linquency in  service  on  his  part  was  left  to  the  discretion 
of  those  authorities.284 

That  the  Iowa  statute  of  1840  was  taken  from  the 
laws  of  Ohio  is  clearly  seen  in  the  following  comparison 
of  sections : 

The  Ohio  Statute  The  Iowa  Statute 

Section    1.      That   all   male  Section  1.     ...     That  all 

persons     between     twenty-one  male  persons  between  twenty- 

and  sixty  years  of  age,   who  one  and  fifty  years  of  age,  who 

have  resided  three  months  in  have  resided  one  month  in  this 

this  state,  and  who  are  not  a  territory,  and  who  are  not  a 

township  charge,  shall  be  liable  county  or  township  charge  or 

yearly  and  every  year,  to  do  otherwise  exempt  by  law,  shall 

and  perform  two  days  work  on  be  liable  yearly  and  every  year 

the  public  roads,  under  the  di-  to  do  and  perform  three  days 

rection  of  the  supervisor  with-  work  on  the  public  roads,  un- 


132 


TOWNSHIP  GOVERNMENT  IN  IOWA 


in  whose  district  they  may 
respectively  reside.  —  From 
Chase's  Statutes  of  Ohio,  Vol. 
Ill,  p.  1855. 

Sec.  3.  That  in  case  any 
person  shall  remove  from  one 
district  to  another,  who  has, 
prior  to  such  removal,  per- 
formed the  whole  or  any  part 
of  the  labor  aforesaid,  or  in 
other  respects  has  paid  the 
whole  or  any  part  of  the 
amount  aforesaid,  in  lieu  of 
such  labor,  and  shall  produce 
a  certificate  of  the  same  from 
the  supervisor  of  the  proper 
district,  such  certificate  shall 
be  a  complete  discharge  for  the 
amount  therein  specified. — 
From  Chase's  Statutes  of  Ohio, 
Vol.  Ill,  p.  1856. 

Sec.  4.  That  every  person 
called  upon  to  perform  any  la- 
bor upon  the  public  roads  and 
highways,  under  any  of  the 
provisions  of  this  act,  shall  ap- 
pear at  the  place  appointed  by 
the  supervisor,  at  the  hour  of 
seven  o'clock  in  the  forenoon, 
with  such  necessary  tools  and 
implements  as  said  supervisor 
may  direct ;  and  the  supervisor 
may,  if  necessary  for  the  im- 
provement of  the  roads,  order 
any  person  owning  the  same, 


der  the  direction  of  the  super- 
visor within  whose  district 
they  may  respectively  reside. — 
From  Laws  of  the  Territory  of 
Iowa,  1839-1840,  p.  115. 

Sec.  3.  That  in  case  any  per- 
son shall  remove  from  one  dis- 
trict to  another  who  has,  prior 
to  such  removal,  performed  the 
whole  or  any  part  of  the  labor 
aforesaid,  or  in  other  respects 
has  paid  the  whole  or  any  part 
of  the  amount  aforesaid  in  lieu 
of  said  labor,  and  shall  produce 
a  certificate  of  the  same  from 
the  supervisors  of  the  proper 
district,  such  certificate  shall 
be  a  complete  discharge  for  the 
amount  therein  specified. — 
From  Laws  of  the  Territory  of 
Iowa,  1839-1840,  p.  116. 

Sec.  4.  That  every  person 
called  upon  to  perform  any  la- 
bor upon  public  roads  and 
highways  under  any  of  the  pro- 
visions of  this  act,  shall  appear 
at  the  place  appointed  by  the 
supervisor,  at  the  hour  of  eight 
o'clock  in  the  forenoon,  with 
such  necessary  tools  and  imple- 
ments as  said  supervisor  may 
direct,  and  the  supervisor  may, 
if  necessary  for  the  improve- 
ment of  the  roads,  order  any 
person  ow[n]ing  the  same  to 


THE  ROAD  SUPERVISOR 


133 


to  furnish  a  team  of  horses  or 
oxen,  and  wagon,  cart,  scraper, 
or  plough,  to  be  employed  or 
used  on  the  roads,  under  the 
direction  of  said  supervisor, 
who  shall  allow  such  person  a 
reasonable  compensation  for 
the  use  of  such  team,  wagon, 
cart,  scraper,  or  plough,  in  dis- 
charge of  any  labor  or  tax  due 
from  said  person.  —  From 
Chase's  Statutes  of  Ohio,  Vol. 
Ill,  p.  1856. 

Sec.  11.  That  each  super- 
visor within  his  district  shall 
erect  and  keep  up,  at  the  ex- 
pense of  the  township,  at  the 
forks  of  every  state  and  county 
road,  a  post  and  guide-board, 
or  finger-board,  containing  an 
inscription  in  legible  letters, 
directing  the  way  and  distance 
to  the  next  town  or  towns,  or 
public  place  or  places  situated 
on  each  road  respectively. — 
From  Chase 's  Statutes  of  Ohio, 
Vol.  Ill,  p.  1857. 


Sec.  14.  That  any  time  dur- 
ing the  year,  when  any  public 
road  shall  be  obstructed  by  the 
fall  of  timber,  or  any  other 
cause,  or  any  bridge  shall  be 


furnish  a  team  of  horses  or 
oxen,  and  wagon,  cart,  scraper, 
or  plough,  to  be  employed  or 
used  on  the  roads  under  the 
direction  of  said  supervisor, 
who  shall  allow  such  person  a 
reasonable  compensation  for 
the  use  of  such  team,  wagon, 
cart,  scraper,  or  plough  in  dis- 
charge of  any  labor  due  from 
said  person. —  From  Laws  of 
the  Territory  of  Iowa,  1839- 
1840,  p.  116. 

Sec.  11.  That  each  super- 
visor within  his  district  shall 
erect  and  keep  up,  at  the  ex- 
pense of  the  county,  at  the 
forks  of  every  territorial  or 
county  road,  a  post  and  guide 
board  or  figure  board,  contain- 
ing an  inscription  in  legible 
letters,  directing  the  way  and 
distance  to  the  next  town  or 
towns,  or  public  place  or  places, 
situated  on  each  road  respec- 
tively; said  post  to  be  at  least 
six  inches  in  diameter,  and  not 
less  than  twelve  feet  high,  and 
well  set  in  the  ground. —  From 
Laws  of  the  Territory  of  Iowa, 
1839-1840,  p.  118. 

Sec.  12.  That  any  time  dur- 
ing the  year  when  any  public 
road  shall  be  obstructed  by  the 
fall  of  timber  or  any  other 
cause,  or  any  bridge  shall  be 


134 


TOWNSHIP  GOVERNMENT  IN  IOWA 


impaired,  so  that  the  passage 
of  teams  or  travellers  on  said 
road  or  bridge  shall  be  danger- 
ous, and  the  supervisor  in  the 
district  in  which  such  obstruc- 
tion or  impaired  bridge  may 
exist,  shall  be  notified  of  the 
same,  it  shall  be  his  duty  to 
cause  such  obstruction  to  be  re- 
moved, or  bridge  repaired, 
forthwith;  for  which  purpose 
he  shall  immediately  order  out 
such  number  of  the  inhabitants 
of  his  district  as  he  may  deem 
necessary  to  remove  said  ob- 
structions, or  repair  said 
bridge. —  From  Chase's  Stat- 
utes of  Ohio,  Vol.  Ill,  p.  1858. 


impaired  so  that  the  passage  of 
teams  or  travellers  on  said 
road  or  bridge  shall  be  danger- 
ous, and  the  supervisor  in  the 
district  in  which  such  ob- 
struction or  impaired  bridge 
may  exist,  shall  be  notified 
of  the  same,  it  shall  be  his  duty 
to  cause  such  obstruction  to  be 
removed  or  bridge  repaired 
forthwith,  for  which  purpose 
he  shall  immediately  order  out 
such  number  of  the  inhabitants 
of  his  district  as  he  may  deem 
necessary  to  remove  said  ob- 
structions or  repair  said 
bridge,  and  the  persons  so  or- 
dered out  shall,  after  having 
had  one  day's  notice  to  attend 
as  aforesaid,  be  subject  to  the 
same  restrictions  and  liable  to 
the  same  penalties  as  if  ordered 
out  under  the  provisions  of  the 
second  and  fourth  sections  of 
this  act. —  From  Laws  of  the 
Territory  of  Iowa,  1839-1840, 
p.  118. 

Other  sections  of  these  statutes  might  be  similarly 
compared.  The  only  differences  that  appear  are  found 
in  the  modifications  necessary  to  meet  local  conditions 
where  the  township  system  had  not  yet  been  fully  organ- 
ized. It  will  be  noted  that  sections  qjie  to  eleven  in- 
clusive treat  of  the  same  phases  of  the  subject.  Then 
two  sections  of  the  Ohio  statute  were  passed  over  as  be- 
ing inapplicable  to  the  Territory  of  Iowa  at  that  time. 


THE  ROAD  SUPERVISOR  135 

These  provisions,  however,  appear  in  later  acts  relative 
to  the  care  of  roads  and  highways. 

It  was  in  1842  that  supervisors  of  roads  were  first 
authorized  to  purchase  tools  and  equipment  for  the  pur- 
poses of  keeping  roads  in  repair.  In  the  law  of  that 
year,  providing  for  the  organization  of  townships,  they 
were  permitted  to  purchase  for  the  exclusive  use  of 
"making  and  repairing  roads"  one  scraper  and  the 
necessary  ploughs.285  Again,  in  the  same  year  provision 
was  made  for  a  tax  on  real  and  personal  property  for. 
road  purposes,  which,  while  levied  by  the  county  com- 
missioners, fell  to  the  road  supervisor  to  collect  or  to 
"have  the  same  worked  out"  on  the  basis  of  one  dollar 
for  each  day's  work.  All  money  then  received  for  road 
taxes  by  the  supervisors  went  to  the  "making  or  repair- 
ing of  bridges  or  improvement  of  roads"  within  his  dis- 
trict. In  accordance  with  the  law  of  1842,  the  time 
required  from  persons  subject  to  road  tax  was  reduced 
from  three  to  two  days.286  An  amendment  which  was  ap- 
proved in  1845  required  the  supervisor  to  file  with  the 
county  treasurer  a  list  of  all  delinquents  in  his  district 
who  had  failed  to  pay  or  work  out  their  road  tax  before 
November  first  of  each  year.287 

There  were  no  further  amendments  to  or  changes  in 
the  highway  laws  until  the  Code  of  1851  provided  that  the 
management  of  highways  should  be  in  the  hands  of  a 
county  officer  called  the  supervisor  of  roads.  It  is  ap- 
parent, however,  that  the  township  claimed  some  recog- 
nition inasmuch  as  this  county  officer  was  not  only 
authorized  but  commanded  to  appoint  in  each  organized 
township  one  deputy  who  should  qualify  by  giving  se- 
curity to  his  principal,  and  for  whose  acts  the  principal, 
or  county  supervisor  of  roads,  became  responsible.  It 


136  TOWNSHIP  GOVERNMENT  IN  IOWA 

was  proper  then  that  the  term  of  the  appointed  deputy 
should  be  at  the  pleasure  of  the  supervisor. 

In  all  respects  the  duties  of  the  deputy  were  to  be 
determined  by  his  superior  officer ;  and  the  law  provided 
that  a  notice  served  upon  the  subordinate  officer  was 
equivalent  to  notifying  the  principal.  This,  to  be  sure, 
was  necessary  since  local  interests  could  be  served  in  no 
other  way  if  emergencies  should  arise.  Furthermore, 
the  township  deputy  was  required  to  regard  himself  as 
"an  actual  labouring  hand",  and  his  compensation,  while 
limited  to  a  maximum  of  one  dollar  and  a  half  per  day, 
should  be  no  more  than  might  be  necessary  to  secure  a 
competent  person  to  fill  such  a  position.  In  every  in- 
stance the  law  required  the  county  judge  to  approve 
whatever  compensation  was  allowed  the  deputies. 

A  further  provision  authorized  the  supervisor,  acting 
through  his  deputies,  to  procure  the  necessary  material 
and  equipment,  which  might  include  horses  or  oxen,  to 
keep  the  roads  in  repair,  and  he  must  expend  within  the 
original  surveyed  township,  or  in  any  fractional  part  of 
the  same,  where  any  road  lay,  at  least  one-half  the 
amount  levied  and  collected  upon  real  estate  within  the 
township  for  road  purposes.  Thereafter  he  was  per- 
mitted —  subject  to  the  approval  of  the  county  judge  — 
to  expend  the  remainder  in  any  part  of  the  county,  wher- 
ever it  appeared  to  be  most  needed.  If  not  so  expended 
it  must  as  nearly  as  practicable  be  laid  out  upon  the  roads 
in  the  township  where  levied.  In  other  words,  it  appears 
that  any  surplus  in  the  road  fund  was  considered  un- 
desirable. Any  individual  preferring  to  work  out  any 
part  of  his  personal  property  road  tax  in  labor  at  the 
rate  of  one  dollar  per  day  should  be  permitted  to  do  so, 
provided  he  first  notified  the  deputy  or  supervisor,  in 


THE  ROAD  SUPERVISOR  137 

writing,  of  his  intention  before  the  time  the  tax  became 
due. 

Provision  for  extraordinary  service  is  found  in  this 
law,  which  declared  that  all  the  able-bodied  men  of  the 
township  should  be  subject  to  the  call  of  the  county  super- 
visor of  roads;  and  in  the  case  of  extreme  need  in  re- 
pairing roadways  he  was  authorized  to  summon  men 
from  adjoining  townships.  If  when  so  summoned  any 
able-bodied  man  failed  to  appear  as  ordered  and  "  labor 
diligently",  either  in  person  or  by  substitute,  he  became 
liable  to  a  fine  of  ten  dollars,  which  was  to  be  added  to 
the  road  fund.  Under  ordinary  conditions  the  taxpayer 
could  insist  upon  his  right  to  labor  on  the  roads  not 
further  than  two  miles  from  his  place  of  residence ;  while 
in  emergencies  he  could  not  plead  any  such  limit.  Any 
person  laboring  voluntarily  upon  the  roads  was,  more- 
over, entitled  to  a  certificate  to  that  effect  to  be  issued  by 
the  deputy  road  supervisor.  These  certificates  were  re- 
ceivable at  the  office  of  the  county  treasurer  for  road 
taxes,  either  poll  or  personal,  to  the  full  amount  of  their 
face  value,  but  only  for  the  year  in  which  they  were 
issued. 

Upon  the  adoption  of  this  county  plan  —  when  the 
roads  generally  were  controlled  by  the  central  authority 
In  the  county  —  the  former  office  of  district  road  super- 
visor as  well  as  the  former  road  districts  were  discon- 
tinued. The  Census  Board  of  the  State,  which  may  be 
compared  to  the  present  Executive  Council,  was  empow- 
ered to  add  to  this  law  supplementary  regulations,  which 
the  county  judge  might  adopt  throughout  the  townships 
in  his  county  if  he  deemed  it  advisable.288 

The  county  plan  of  centralization  in  the  control  of 
road  affairs  was  not,  however,  to  continue.  In  1853  the 


138  TOWNSHIP  GOVERNMENT  IN  IOWA 

General  Assembly,  by  an  act  approved  on  January  22nd, 
gave  such,  control  to  the  townships  as  soon  as  they  were 
organized.  Again,  the  township  trustees,  meeting  on  the 
first  Monday  in  March,  were  required  to  form  road  dis- 
tricts throughout  their  townships  in  such  numbers  as 
they  considered  "necessary  for  the  public  good".  Only 
electors  in  the  road  districts  as  then  established  were 
permitted  to  vote  for  the  supervisor,  who  must  be  a  resi- 
dent of  the  district  for  which  he  was  elected.  Eefusal  to 
furnish  the  necessary  security  and  qualify  according  to 
notice  subjected  the  legally  elected  officer  to  a  penalty  of 
five  dollars,  which  as  before  became  a  part  of  the  road 
fund ;  and  his  successor,  after  appointment  by  the  town- 
ship trustees,  was  authorized  to  proceed  to  collect  the 
amount. 

In  many  respects  the  functions  outlined  in  previous 
statutes  were  incorporated  in  the  law  of  1853.  The  juris- 
diction of  the  deputy  described  in  the  previous  act  cor- 
responds to  that  of  the  local  supervisor.  He  was 
expected,  likewise,  to  perform  "the  same  amount  of  labor 
as  is  required  of  an  able  bodied  man",  for  which  he  was 
allowed  by  law  the  sum  of  one  dollar  per  day,  payable 
from  the  road  fund  in  the  hands  of  the  township  clerk 
and  under  regulations  governing  such  payments.  If  no 
funds  appeared  to  be  available  he  was  entitled  to  a  cer- 
tificate indicating  such  credit  as  he  may  have  earned, 
over  and  above  his  own  road  tax,  which  amount  was 
applicable  at  the  office  of  the  county  treasurer  upon  his 
road  tax  for  any  succeeding  year.  The  supervisor  was 
allowed,  also,  a  reasonable  compensation,  as  the  trustees 
might  determine,  for  erecting  guide-posts  or  guide- 
boards  in  his  district.  These  guides  were  supposed  to  be 
placed  at  the  forks  of  roads  for  the  safety  and  conveni- 


THE  ROAD  SUPERVISOR  139 

ence  of  the  public ;  and  such  provisions,  appearing  in  all 
the  early  laws  relating  to  roads,  are  in  the  Iowa  statutes 
now  in  force. 

It  was  noted  above  that  by  the  law  of  1851  the  county 
supervisor  of  roads  had  authority  to  purchase  material 
and  implements  for  the  county  road  work.  This  may 
have  included  either  horses  or  oxen ;  but  whatever  it  may 
have  comprehended  in  1851,  it  was  by  the  act  of  1853  to 
be  accounted  for  to  the  county  judge  before  April  1st  of 
that  year.  And  all  property  thus  coming  into  the  hands 
of  the  county  judge  was  thereafter  to  be  distributed  in  a 
fairly  equal  manner  among  the  several  townships  in  his 
county. 

The  several  district  supervisors  were  directed  to 
"keep  the  roads  in  as  good  condition  as  the  funds  at  his 
disposal' '  would  permit,  and  before  October  15th  of  each 
year  to  make  a  report  to  the  township  trustees.  This 
report  must  include  the  "amount  of  labor  performed, 
the  amount  of  money  expended,  and  in  what  way  expend- 
ed ",  as  well  as  a  personal  account  of  the  time  the  officer 
was  engaged  "in  the  faithful  discharge  of  his  duties ". 
Furthermore,  the  "condition  of  the  roads  in  his  district " 
formed  a  substantial  item  in  his  report.289 

The  statute  of  1851  was  amended  in  one  particular  in 
1855,  whereby  increased  authority  was  conferred  upon 
the  road  supervisor.  He  was  authorized  now  to  bring 
suit  against  any  individual  who  failed,  after  lawful  warn- 
ing of  ten  days,  to  appear  and  work  out  or  pay  his  district 
road  tax.  Such  a  suit  was,  moreover,  within  the  juris- 
diction of  any  justice  in  the  township,  while  a  simple 
statement  of  the  account  was  to  be  regarded  as  sufficient 
"cause  of  action >'.290 

The  law  of  1858,  relating  to  public  roads  and  high- 


140  TOWNSHIP  GOVERNMENT  IN  IOWA 

ways,  required  the  township  trustees  to  designate  the 
road  districts  in  October,  instead  of  in  March  as  thereto- 
fore ;  and  it  appears  that  the  duties  of  the  supervisors  of 
roads  began  as  soon  after  their  election  on  the  second 
Tuesday  in  October  as  they  were  able  to  qualify.  A 
penalty  of  five  dollars  was  to  be  inflicted  for  failure  to 
serve ;  but  no  one  not  subject  to  a  road  tax  could  be  com- 
pelled to  render  such  service. 

Another  provision  of  the  law  of  1858  placed  some 
further  limitations  upon  the  time  in  which  the  supervisor 
could  complete  his  road  labor.  For  example,  the  regular 
road  work  must  be  completed  before  July  1st  and  after 
April  1st  of  each  year.  If  in  his  opinion  such  labor  was 
not  necessary  at  this  time,  the  supervisor  was  permitted 
to  delay  one-third  of  the  amount  until  after  July  1st,  but 
in  no  instance  beyond  October  1st.  For  failure  to  carry 
out  such  a  schedule  he  became  liable  to  a  penalty  of  a 
hundred  dollars;  and  he  was,  furthermore,  responsible 
for  all  damages  arising  from  defective  roads  or  bridges 
within  his  district,  in  case  a  notice  thereof  was  sent  him 
in  writing.  As  in  previous  acts  he  was  authorized  to  call 
out  all  the  able-bodied  men  in  his  district  in  emergencies, 
but  for  no  period  longer  than  two  days  without  their  con- 
sent. A  further  duty  of  the  supervisor  is  found  in  the 
regulation  requiring  the  posting  of  district  tax  lists  in 
three  conspicuous  points  in  his  district.  Such  tax  lists 
were  to  come  into  his  hands  from  the  township  clerk,  who 
was  required  to  prepare  them. 

A  feature  which  indicated  the  growing  necessity  of 
system  appears  in  the  requirement  that  the  supervisor  of 
roads  should  possess  a  map  furnished  to  him  by  the  town- 
ship clerk  on  the  authority  of  the  county  judge.  Upon 
this  map,  or  plat,  all  new  roads  legally  established  were 


THE  ROAD  SUPERVISOR  141 

to  be  indicated,  the  accompanying  field  notes  were  to  be 
kept  on  file,  and  from  time  to  time  any  necessary  revision 
of  the  data  must  be  made  by  the  clerk. 

Finally,  this  law  provided  for  an  extended  report 
under  no  less  than  eleven  topics  to  be  returned  to  the 
township  trustees  at  the  regular  meeting  in  October. 
The  items  in  this  summary  of  a  year's  supervision  in- 
cluded the  names  of  all  persons  who  had  completed  their 
allotment  of  road  work  and  also  all  of  those  who  had 
failed,  the  amount  of  work  performed,  or  money  collected 
in  lieu  thereof,  taxes  on  property  paid  in  labor  or  money, 
lists  of  non-residents  who  had  not  paid  in  labor  or  money, 
as  well  as  other  topics  of  general  information,  not  omit- 
ting the  supervisor 's  own  personal  account  of  a  financial 
nature  and  his  claim  for  services  rendered  at  one  dollar 
and  a  half  per  day.  This  act  required  all  supervisors  to 
meet  together  at  the  October  settlement,  and  the  town- 
ship trustees  were  authorized  to  pay  them  out  of  the  road 
fund.  Any  amount  remaining  in  this  fund  must  then  be 
distributed  by  the  clerk  upon  the  order  of  the  trustees, 
but  for  road  purposes  only.291 

In  1862  there  were  two  amendments  to  the  laws  pro- 
viding for  highways,  both  aiming  at  more  efficient  service 
in  the  labor  expended  and  the  accumulation  of  a  fund  for 
improvements.  The  first  of  these  acts  placed  emphasis 
upon  the  erection  of  guide-boards  and  instructed  the 
trustees  to  levy  an  additional  tax  to  be  paid  in  money  for 
this  purpose.  Moreover,  the  act  defined  the  dimensions 
and  character  of  such  aids  to  the  traveler  and  declared 
that  "it  shall  be  the  duty  of  the  Supervisor  .  .  .  . 
to  place  guide-boards  at  cross  roads  and  at  the  forks  of 
the  roads  in  his  district;  said  boards  to  be  made  out  of 
good  timber,  the  same  to  be  well  painted  and  lettered,  and 


142  TOWNSHIP  GOVERNMENT  IN  IOWA 

placed  upon  good  substantial  hardwood  posts,  to  be  set 
four  feet  in  the  ground,  and  [they]  shall  be  at  least  eight 
feet  above  the  ground. ' ' 

In  the  same  year  an  act  prescribed  the  "  duties  of 
Township  Trustees  and  Road  Supervisors  in  certain 
cases ".  The  former  were  required  to  determine  the  ex- 
act amount  of  the  road  tax  to  be  paid  in  money  and  in 
labor,  and  the  supervisors  were  required  to  collect  the 
same  before  the  first  Monday  in  October  of  each  year  or 
report  such  taxes  as  delinquent  to  the  trustees,  in  the 
same  manner  as  in  the  case  of  non-resident  landholders. 
At  the  same  time  the  compensation  of  the  supervisors 
was  reduced  to  one  dollar  per  day.292  At  the  next  session 
of  the  General  Assembly,  however,  the  per  diem  of  one 
dollar  and  fifty  cents  was  restored  as  provided  in  the 
Revision  of  1860.  Probably  in  response  to  a  suggestion 
from  Governor  Kirkwood,  a  law  in  1864  extended  the 
age  for  the  payment  of  poll  tax  to  the  road  fund  so  that 
there  was  demanded  of  every  able-bodied  man  between 
the  ages  of  twenty-one  and  fifty,  who  resided  in  the  dis- 
trict, two  days'  labor  upon  the  highway.293 

The  last  two  acts  referred  to  were  repealed  in  1868. 
As  a  substitute,  which  included  provisions  found  in 
former  statutes,  there  was  enacted  a  law  which  made 
provision  for  a  township  road  fund,  the  amount  and  man- 
agement of  which  should  be  determined  by  the  trustees. 
It  might  be  invested  in  machinery  or  such  equipment  as 
appeared  best  adapted  to  the  construction  and  repair  of 
roads,  as  well  as  for  the  payment  of  any  previous  debt 
contracted  by  the  township  for  road  purposes.  It  was 
also  within  the  discretion  of  the  township  trustees  to 
determine  whether  the  general  fund  thus  provided  for 


THE  ROAD  SUPERVISOR  143 

should  be  expended  for  equipment  or  for  general  road 
work  in  the  township. 

The  fund  as  collected  by  the  supervisor  was  return- 
able to  the  township  clerk,  who  became  responsible  for 
the  money  coming  into  his  hands ;  and  if  the  general  fund 
was  invested  as  provided,  the  trustees  were  directed  to 
appoint  either  the  township  clerk  or  one  of  their  own 
number  to  care  for  the  tools  and  machinery  owned  by  the 
township.  The  appointee,  moreover,  was  authorized  by 
this  law  to  fix  the  time  when  a  supervisor  should  be  per- 
mitted to  use  this  public  property  in  labor  upon  the  roads 
in  his  district.  Whoever  was  appointed  as  "care  taker" 
was  entitled  to  a  compensation  according  to  the  judgment 
of  the  trustees.294  A  provision  of  the  Code  of  1873  left 
no  option  as  to  who  should  take  charge  of  the  township 
road  machinery,  for  the  clerk  was  specified  then  as  the 
one  to  be  held  responsible  for  its  preservation  and  re- 
pair.295 

The  road  supervisor  became  more  of  a  "  task-master " 
than  before,  when  in  1880  a  law  relating  to  the  support 
of  the  needy  stipulated  that  trustees  of  townships  or 
overseers  of  the  poor  might  require  able-bodied  persons 
asking  for  aid  to  labor  upon  the  highway  —  the  labor  to 
"be  performed  under  the  direction  of  the  officer  having 
charge  of  working  streets  or  highways. " 296 

In  connection  with  the  functions  of  the  township  trus- 
tees much  has  been  said  relative  to  roads  and  highways 
that  need  not  be  repeated  here ;  but  it  is  necessary  to  re- 
state the  provisions  of  certain  acts  which  indicate  the 
general  road  legislation.  It  was  in  1884  that  the  town- 
ship electors  were  authorized  to  petition  for  the  adoption 
of  the  single  "highway  district "  plan.  The  law  stipu- 
lated that  the  trustees  might  form  such  a  district  when 


144  TOWNSHIP  GOVERNMENT  IN  IOWA 

so  requested ;  but  it  appears  that  they  were  not  obliged  to 
do  so.  Moreover,  it  was  expressly  stated  that  at  any 
annual  April  meeting  of  the  trustees,  after  two  years  of 
trial,  the  former  plan  of  subdivisions  of  the  township 
might  be  restored.  Under  the  single  district  plan  it 
was  necessary  to  collect  all  the  road  tax  in  money.  The 
contractor  or  superintendent  of  roads  in  the  single  town- 
ship district  was  required  by  the  law  to  act  under  the 
direction  of  the  trustees,  who  were  authorized  to  appoint 
assistants  if  they  appeared  to  be  necessary. 

An  important  provision  of  the  law  prohibited  the 
incurring  of  any  indebtedness  for  road  purposes  unless 
the  same  was  provided  for  at  the  time  by  an  authorized 
levy.  An  equitable  and  judicious  division  of  the  town- 
ship road  fund  was  anticipated,  and  three-fourths  of  the 
total  amount  was  required  to  be  expended  prior  to  the 
middle  of  July  in  each  year.  Such  a  combination  in- 
volved the  consolidation  of  all  funds  belonging  to  the 
several  road  districts,  and  likewise  a  common  liability 
for  all  pending  claims.  Officers  of  the  township  whose 
compensation  was  fixed  received  the  same  amount  for 
their  labor  in  providing  for  the  execution  of  the  road 
laws  as  for  other  duties;  while  the  supervisors  of  the 
road  districts  in  townships  which  retained  the  former 
district  system  were  by  this  act  granted  a  per  diem  of 
two  dollars.297 

In  1898,  when  the  statutes  required  the  landowners  to 
"cut  near  the  surface  all  weeds  on  said  land  within  the 
limits  of  the  public  roads  thereon ' ',  the  supervisor  of  the 
district  became  responsible  for  the  execution  of  the  law. 
If  such  work  was  not  completed  as  stipulated  before  a 
fixed  date,  or  after  due  notice  in  writing  served  by  the 
supervisor,  it  was  the  duty  of  the  latter  to  proceed  at 


THE  ROAD  SUPERVISOR  145 

once  to  cut  the  weeds.  In  that  event  his  compensation 
was  to  be  paid  from  the  district  road  fund  and  finally 
taxed  to  the  landowner.298 

The  optional  provision  relative  to  consolidation,  as 
defined  in  the  law  of  1884,  became  a  mandatory  feature  of 
the  road  law  approved  on  April  4,  1902.  The  latter  act 
abolished  the  office  of  road  supervisor,  the  road  districts, 
and  consequently  the  "separate  ballots "  necessary  in 
township  elections.  In  the  main  the  provisions  for  the 
formation  of  a  single  road  district  as  found  in  the  law  of 
1884  were  reenacted  in  1902.  The  road  '  '  superintendent 
or  contractor"  under  the  latter  statute  became  respon- 
sible for  the  report  to  the  township  clerk  as  formerly 
made  by  the  road  supervisors.299 

The  law  relating  to  the  appointment  of  a  l  i  road  super- 
intendent" was  so  amended  in  1906  that  instead  of  one 
such  officer,  "not  to  exceed  four"  might  be  appointed  by 
the  trustees.  During  the  same  session  of  the  legislature 
the  first  act  providing  for  the  use  of  the  "road  drag" 
was  passed.  As  mentioned  in  a  previous  chapter,  the 
township  trustees  were  to  order  the  drag  to  be  used  under 
the  direction  of  the  road  superintendent,  and  they  were 
required,  also,  to  fix  the  compensation  —  which,  however, 
could  not  exceed  five  dollars  per  mile  for  any  one  year.300 

In  1909  increased  authority  was  granted  to  the  town- 
ship officers  in  enforcing  the  provisions  of  the  road  drag- 
ging statute.  Moreover,  regulations  were  prescribed  re- 
quiring that  the  work  be  performed  under  favorable  con- 
ditions and  that  the  road  be  left  free  from  obstructions. 
It  was  made  unlawful,  also,  for  anyone  to  travel  over  and 
damage  any  part  of  a  road  thus  put  in  repair  until  suf- 
ficient time  had  passed  for  it  "to  pack  under  a  horse's 

10 


146  TOWNSHIP  GOVERNMENT  IN  IOWA 

feet"  or  to  freeze  "hard  enough  to  carry ".  And  for 
violation  of  these  provisions  penalties  were  provided.301 

The  laws  passed  in  1906  and  1909,  which  authorized 
dragging  under  the  superintendent  of  roads  in  the  town- 
ship, were  repealed  in  1911  and  the  township  trustees 
were  directed  to  appoint  a  "superintendent  of  dragging ". 
Furthermore,  the  entire  township  was  districted  in  de- 
tail, each  section  of  land  determining  two  or  more  dis- 
tricts. Such  divisions  being  based  upon  the  government 
survey  all  designations  of  districts  must  be  made  accord- 
ingly. The  civil  township  boundaries  could  not  in  such 
instances  affect  the  description  except  in  so  far  as  they 
included  more  or  less  than  a  full  congressional  township. 

The  act  defined  the  duties  of  the  superintendent  of  the 
road  dragging  and  provided  a  form  of  report  which 
should  correspond  with  the  districts  described.  In  this 
manner  a  complete  record  of  the  persons  employed,  the 
distances  covered,  and  the  compensation  allowed  must  be 
kept  and  certified  to  by  the  superintendent,  who  is  re- 
quired to  supervise  the  work  in  all  districts  ordered  to  be 
dragged  by  the  trustees.302 

After  the  law  of  1902  requiring  the  consolidation  of 
road  districts  had  been  in  effect  for  six  or  more  years  it 
appears  that  there  was  a  demand  for  another  statute 
permitting  the  township  trustees  to  provide  for  "two  or 
more  road  districts ' '  and  for  the  election  of  a  road  super- 
intendent in  each.  To  accomplish  this  a  petition,  includ- 
ing the  names  of  sixty-five  per  cent  of  the  voters  in  the 
township,  must  be  presented  to  the  trustees.  After  a 
trial  of  two  years,  upon  a  petition  from  a  majority  of  the 
voters  the  "one-district  plan"  might  be  restored. 

If  the  election  of  the  "road  superintendent"  in  the 
district  was  the  plan  adopted,  it  became  necessary  to 


THE  ROAD  SUPERVISOR  147 

restore  the  separate  ballot  and  the  former  ballot  box 
containing  the  ' i  compartments  "  corresponding  to  the  dis- 
tricts. This  act,  approved  on  March  17,  1909,  further- 
more, permitted  the  taxpayer  to  work  out  one-half  of  his 
road  tax  if  the  township  was  divided :  the  trustees  were 
to  determine  the  amounts  to  be  paid  in  cash  and  in  labor 
as  in  former  laws  relating  to  highways.  The  functions 
of  the  township  clerk  were  the  same  as  under  the  indi- 
vidual road  supervisors.303 


XVI 
THE  OVERSEERS  OF  THE  POOR 

AMONG  the  first  township  officers  for  which  provision  was 
made  in  the  Territory  of  the  Northwest  in  1790  were 
'  '  one  or  more  overseers  of  the  poor ' 9  to  be  nominated  and 
appointed  by  the  justices  of  the  court  of  general  quarter 
sessions  for  the  county  and  to  serve  for  the  term  of  one 
year.  Their  duties  included  (1)  an  inquiry  into  the  af- 
fairs of  all  poor  and  distressed  families  as  to  their  means 
of  support,  and  (2)  a  report  of  any  in  need  to  a  justice 
of  the  peace  in  the  same  county.  They  were  also  en- 
joined to  report  in  the  same  manner  all  persons  "  likely 
to  become  chargeable  to  the  township  ",304  A  further 
provision  of  the  law,  adopted  from  the  Pennsylvania 
Code  by  the  Governor  and  Judges  in  1795,  required  the 
appointment  annually  by  the  court  of  general  quarter 
sessions  of  "two  substantial  inhabitants  of  every  town- 
ship" to  be  overseers  of  the  poor.  These  officers  were 
empowered  to  levy,  under  the  approval  of  two  justices,  a 
tax  for  the  support  of  the  poor.  The  fund  so  collected 
was  to  be  applied  in  part  in  providing  "proper  houses 
and  places,  and  a  convenient  stock  of  hemp,  flax,  thread 
and  other  ware  and  stuff ",  in  order  that  work  might  be 
furnished  to  those  who  were  competent,  and  in  part  as  a 
fund  for  the  relief  of  the  helpless. 

The  overseers  so  appointed  were  authorized  also  to 
apprentice  all  poor  children.  They  were  declared  to  be 
"bodies  politic  and  corporate  in  law",  and  were  thereby 

148 


THE  OVERSEERS  OF  THE  POOR       149 

to  have  perpetual  succession,  being  authorized  to  receive 
gifts  of  whatever  kind  for  the  benefit  of  the  poor.  To 
settle  and  adjust  the  accounts  of  these  officials  the  free 
male  inhabitants  at  the  annual  election  for  assessors  were 
required  also  to  choose  "  three  capable  and  discreet  free- 
holders".305 

In  the  Territory  of  Michigan  the  Governor  and  Judges 
in  their  legislative  capacity  declared  (1820)  that  "the 
county  commissioners  in  the  respective  counties"  should 
have  the  "care  and  management  of  all  paupers".306 
Again,  in  1827,  the  Legislative  Council  enacted  a  law  pro- 
viding "that  every  township  in  this  Territory  shall  sup- 
port and  maintain"  its  own  poor.  It  was  the  duty  of  the 
overseers,  according  to  this  act,  to  see  that  any  strange 
person,  likely  to  become  a  charge  upon  the  township,  was 
immediately  returned  to  the  place  from  whence  he  came, 
if  on  inquiry  two  justices  of  the  peace  approved  of  such 
action.  The  overseer  of  the  poor  in  the  township  to 
which  such  a  pauper  might  be  returned  was  required  to 
receive  such  pauper  under  penalty  of  a  fine  of  twenty-five 
dollars.307 

In  1829  the  Michigan  electors  at  their  annual  township 
meeting  were  required  to  choose  five  directors  and  a 
township  treasurer.  These  six  men  were  to  form  a  board 
"for  the  care  and  protection  of  the  poor  of  such  town- 
ship". These  directors,  furthermore,  were  to  "divide 
themselves,  by  ballot,  into  three  classes",  and  they  be- 
came, therefore,  a  perpetual  body,  their  terms  of  office 
expiring  at  different  times.  No  member  was  obliged  to 
serve  more  than  one  year ;  and  in  the  event  of  a  vacancy 
the  remaining  members  were  empowered  to  fill  it. 

As  a  board  they  were  authorized  to  contract  for  the 
care  of  the  poor  in  their  township:  contracts  might  be 


150  TOWNSHIP  GOVERNMENT  IN  IOWA 

let  "at  public  auction ".  They  might  also  contract  with  a 
physician  for  attendance  upon  persons  under  their  care. 
All  the  functions,  indeed,  of  the  overseers  of  the  poor  and 
of  the  justices  of  the  peace  as  named  in  the  previous  act 
were  now  transferred  to  this  board.  For  failure  to  quali- 
fy in  this  office  the  offender  became  liable  to  a  penalty  of 
twenty  dollars  '  '  for  the  use  of  the  poor  of  the  township ' '. 
There  was  a  provision  also  that  this  board,  established 
"for  the  laudable  and  benevolent  object  in  this  act 
named ",  should  serve  "without  any  fee  or  reward". 
Moreover,  they  were  granted  full  power  and  authority  to 
make  all  necessary  rules  and  regulations  for  the  "direc- 
tion and  government  of  the  poor ' ?.308 

In  1831  the  electors  of  the  Territory  of  Michigan  were 
empowered  to  choose  "one  citizen,  a  resident  of  the  town- 
ship", who  should  serve  as  director  of  the  poor  for  one 
year.  He  assumed  the  same  powers  and  duties  hereto- 
fore conferred  upon  the  board  of  directors ;  and  he  was 
subject  to  the  same  penalty  as  the  members  of  the  former 
board  in  case  he  should  refuse  to  qualify  —  that  is,  a  fine 
of  twenty  dollars.  In  conjunction  with  the  treasurer  he 
was  required  to  account  to  the  auditing  board  for  all 
money  for  which  he  was  held  responsible.  This  act  pro- 
vided that  "the  director  and  treasurer  of  the  poor  shall 
receive  such  compensation  for  their  services  as  the  town- 
ship board  shall  allow  them."309 

The  election  of  two  "directors  of  the  poor",  who 
should  continue  in  office  for  one  year,  was  provided  for  in 
an  act  of  1833.  Thus  the  number  of  overseers  changed 
from  five  in  1829  to  one  in  1831  and  to  two  in  1833.310  It 
was  in  the  following  year  (1834)  that  the  Iowa  country 
was  attached  to  the  Territory  of  Michigan  and  the  laws 
then  in  force  were,  so  far  as  applicable,  extended  over 


THE  OVERSEERS  OF  THE  POOR       151 

this  area.  Then,  after  Iowa  had  become  a  part  of  the 
original  Territory  of  Wisconsin,  an  act  of  January,  1838, 
placed  the  poor  in  the  care  of  the  county  commissioners 
who  were  to  have  "exclusive  superintendence ' '  of  the 
unfortunates  in  their  respective  counties.311 

The  Wisconsin  statute  remained  in  force  in  the  Terri- 
tory of  Iowa  until  an  act  providing  for  the  organization 
of  townships  was  approved  on  January  10, 1840.  Among 
the  township  officers  provided  for  in  this  act  were  two 
' i  overseers  of  the  poor ' ',  who  were  to  be  chosen  regularly 
by  the  electors  to  serve  until  their  successors  had  quali- 
fied.312 On  January  16,  1840,  however,  there  appeared 
another  statute  providing  for  the  relief  of  the  poor, 
wherein  it  is  distinctly  stated  that  "the  board  of  county 
commissioners  of  the  several  counties  of  this  territory" 
are  vested  with  1 1  entire  and  exclusive  superintendence  of 
the  poor"  in  their  counties.313 

From  a  comparison  of  the  Wisconsin  statute  of  1838 
with  that  of  Iowa  Territory,  approved  on  January  16, 
1840,  it  is  clear  that  the  latter  was  but  a  reenactment  of 
the  former,  as  is  shown  by  the  following  provisions : 

The  Wisconsin  Statute  The  Iowa  Statute 

Section  1.     That  the  board  Section  1.     .     .     .     That  the 

of  county  commissioners,  of  the  board  of  county  commissioners 

several  counties  of  this  terri-  of  the  several  counties  of  this 

tory,    shall   be,    and   they   are  territory,  shall  be  and  they  are 

hereby  vested,  with  entire  and  hereby  vested  with  entire  and 

exclusive    superintendence    of  exclusive    superintendence    of 

the    poor    in    their    respective  the    poor    in    their    respective 

counties. —  From  Laws  of  the  counties. —  From  Laws  of  the 

Territory  of  Wisconsin,  1836-  Territory  of  Iowa,  1839-1840, 

1838,  p.  178.  p.  83. 

The  act  of  1840  was  not  repealed  until  February  16, 


152  TOWNSHIP  GOVERNMENT  IN  IOWA 

1842,  and  then  only  in  counties  already  organized  or  to  be 
organized  into  townships.  It  is  probably  true  that  the 
overseers  mentioned  in  the  statute  of  1840  did  not  perform 
many  duties  until  they  were  specifically  defined  in  1842. 
Their  duties  as  enumerated  in  the  latter  statute  were  to 
warn  from  the  township,  by  service  of  notice  through  the 
constable,  any  person  who,  not  being  a  legal  resident,  was 
likely  to  become  a  charge  upon  the  township.  Where  no 
poorhouses  were  established  the  overseers  were  author- 
ized to  furnish  relief  to  the  needy  at  township  expense ; 
and  if  such  assistance  became  permanent  for  any  indi- 
vidual the  overseers  might  receive  proposals  for  his  main- 
tenance, and  make  contracts  for  such  care  on  the  "most 
reasonable  terms".  The  contract  thus  made  could  not, 
however,  extend  beyond  one  year  and  could  be  made  only 
in  case  of  persons  having  a  legal  residence. 

Upon  the  recommendation  of  the  overseers  the  direc- 
tors of  the  poorhouse,  in  counties  where  such  institutions 
had  been  established,  could  receive  or  reject  the  pauper 
as  they  might  decide  after  due  investigation.  In  case  of 
rejection  the  overseers  were  required  to  return  the  indi- 
vidual to  the  township  and  provide  the  proper  care. 
Previous  to  the  issuing  of  an  order  upon  the  directors  to 
receive  the  needy  person,  the  overseers  were  instructed 
to  make  inquiry  into  the  condition  and  necessities  of  the 
person  in  question.  All  expenses  incurred  in  the  removal 
of  these  charges  of  the  township  to  the  poorhouse,  or  in 
caring  for  them  before  that  time,  were  payable  from  the 
county  treasury  upon  an  order  from  the  board  of  direc- 
tors of  the  poorhouse,  drawn  upon  the  county  commis- 
sioners. 

Those  unfortunate  persons  who  had  no  legal  habita- 
tion in  the  township  might  have  temporary  assistance; 


THE  OVERSEERS  OF  THE  POOR 


153 


but  it  was  the  duty  of  the  overseers  to  return  these 
individuals  to  their  places  of  legal  residence  as  soon  as 
possible.  In  all  their  proceedings  they  were  required  to 
keep  "fair  and  accurate  accounts ",  including  a  record  of 
all  the  poor  in  their  township,  with  the  services  rendered 
to  each,  in  addition  to  a  record  of  their  own  individual 
services  as  overseers.  All  of  these  items  were  to  come 
before  the  township  trustees  at  the  time  of  settlement, 
when  the  latter  officers  might  allow  a  compensation  that 
was  just  and  reasonable.314 

That  the  second  act  for  the  relief  of  the  poor  was 
taken  directly  from  the  Ohio  statute  of  1831  is  clearly 
seen  in  the  following  comparison  of  sections  : 


The  Ohio  Statute 

Sec.  4.  The  overseers  of  the 
poor,  upon  receiving  informa- 
tion that  any  person  has  come 
within  the  limits  of  their  town- 
ship to  reside,  who  will  be  like- 
ly to  become  a  township  charge, 
they  shall  issue  their  warrant 
or  order  to  any  constable  of  the 
township,  commanding  said 
constable  forthwith,  to  warn 
such  person  to  depart  the  town- 
ship, by  reading  said  warrant 
or  order  of  the  overseers  of  the 
poor,  in  his  or  her  presence  and 
hearing,  or  by  leaving  an  at- 
tested copy  thereof  at  his  or 
her  last  place  of  residence :  and 
it  shall  be  the  duty  of  such 
constable,  receiving  such  war- 
rant or  order,  to  make  immedi- 


The  Iowa  Statute 

Sec.  4.  That  the  overseers  of 
the  poor,  upon  receiving  infor- 
mation that  any  person  has 
come  within  the  limits  of  their 
township  to  reside,  who  will  be 
likely  to  become  a  township 
charge,  shall  issue  their  war- 
rant or  order  to  any  constable 
of  the  township,  commanding 
him  forthwith  to  warn  such 
poor  person  to  depart  the  town- 
ship, by  reading  such  warrant 
or  order  of  overseers  of  the 
poor,  in  his  or  her  presence,  and 
hearing  or  by  leaving  an  attest- 
ed copy  thereof,  at  his  or  her 
last  place  of  residence;  and  it 
shall  be  the  duty  of  such  con- 
stable receiving  such  warrant 
or  order,  to  make  immediate 


154 


TOWNSHIP  GOVERNMENT  IN  IOWA 


ate  service  thereof,  in  manner 
above  directed,  and  to  certify 
on  the  back  of  such  warrant, 
that  he  read  the  same  in  the 
presence  or  hearing  of  the  per- 
son or  persons  therein  named, 
to  depart  the  township,  or 
left  an  attested  copy  thereof 
at  his  or  her  last  place  of  resi- 
dence, as  the  case  may  be; 
which  warrant  the  said  con- 
stable shall  immediately  lodge 
with  the  clerk  of  said  township, 
who  shall  record  the  same,  and 
the  certificate  of  the  constable 
indorsed  thereon,  within  three 
days  thereafter,  in  the  book 
containing  the  records  of  the 
township. — From  Chase 's  Stat- 
utes of  Ohio,  Vol.  Ill,  p.  1832. 
Sec.  11.  That  the  said  over- 
seers shall  keep  fair  and  accu- 
rate accounts  of  all  expenses 
incurred  for  the  support  of  the 
poor  within  their  respective 
townships,  and  make  entries  in 
a  book  of  the  names  of  the  poor, 
with  the  time  when  each  of 
them  became  chargeable,  to- 
gether with  an  account  of  their 
own  services  rendered:  and  on 
the  first  Monday  of  March,  an- 
nually, the  said  overseers  shall 
meet  the  trustees  of  their  re- 
spective townships,  and  exhibit 
their  said  books  and  accounts; 


service  thereof  in  manner  above 
directed,  and  to  certify  on  the 
back  of  such  warrant,  that  he 
read  the  same  in  the  presence 
or  hearing  of  the  person  there- 
in named  to  depart  the  town- 
ship, or  left  an  attested  copy 
thereof  at  his  or  her  last  place 
of  residence,  as  the  case  may 
be ;  which  warrant  the  said  con- 
stable shall  immediately  lodge 
with  the  clerk  of  said  township, 
who  shall  record  the  same,  and 
the  certificate  of  the  constable 
endorsed  thereon  within  three 
days  thereafter,  in  the  book 
containing  the  records  of  the 
township. —  From  Laws  of  the 
Territory  of  Iowa,  1841-1842, 
p.  58. 

Sec.  11.  That  the  said  over- 
seers shall'  keep  fair  and  ac- 
curate accounts  of  all  expenses 
incurred,  for  the  support  of  the 
poor  within  their  respective 
townships,  and  make  entries  in 
a  book  of  the  names  of  the  poor, 
and  the  time  when  each  of  them 
became  chargeable,  together 
with  an  account  of  their  own 
services  rendered;  and  on  the 
first  Monday  of  March  annual- 
ly, the  said  overseers  shall  meet 
the  trustees  of  their  respective 
townships,  and  exhibit  said 
books  and  accounts,  which  the 


THE  OVERSEERS  OF  THE  POOR 


155 


which  the  said  trustees  are 
hereby  authorized  to  audit  and 
allow,  together  with  such  com- 
pensation to  the  said  overseers 
for  their  services,  as  shall,  in 
the  opinion  of  the  said  trustees, 
be  deemed  just  and  reasonable. 
—  From  Chase's  Statutes  of 
Ohio,  Vol.  Ill,  p.  1833. 

Sec.  13.  That  all  gifts, 
grants,  devises  and  bequests, 
hereafter  to  be  made,  of  any 
houses,  lands,  tenements,  rents, 
goods,  chattels,  sum  or  sums  of 
money,  to  the  poor  of  any 
township,  by  deed,  gift,  or  by 
the  last  will  and  testament  of 
any  person  or  persons,  or  oth- 
erwise, shall  be  good  and  valid 
in  law;  and  shall  pass  such 
houses,  lands,  tenements,  rents, 
goods  and  chattels,  to  the  trus- 
tees of  such  township,  and  their 
successors  in  office,  for  the  use 
of  their  poor  respectively,  un- 
der such  regulations  as  shall, 
from  time  to  time,  be  made  by 
law. —  From  Chase's  Statutes 
of  Ohio,  Vol.  Ill,  p.  1834. 


said  trustees  are  hereby  author- 
ized to  audit  and  allow,  to- 
gether with  such  compensation 
to  the  said  overseers  for  their 
services,  as  shall,  in  the  opinion 
of  said  trustees,  be  just  and 
reasonable. —  From  Laws  of  the 
Territory  of  Iowa,  1841-1842, 
pp.  59,  60. 

Sec.  13.  That  all  gifts, 
grants,  devises,  and  bequests, 
hereafter  to  be  made  of  any 
houses,  lands,  tenements,  rents, 
goods,  chattels,  sum  or  sums  of 
money,  to  the  poor  of  any  town- 
ship, by  deed,  gift,  or  by  the 
last  will  and  testament  of  any 
person  or  persons  or  otherwise, 
shall  be  good  and  valid  in  law ; 
and  shall  convey  such  houses, 
lands,  tenements,  rents,  goods, 
and  chattels,  to  the  trustees  of 
such  township,  and  their  suc- 
cessors in  office,  for  the  use  of 
their  poor  respectively,  under 
such  regulations  as  shall  from 
time  to  time  be  made  by  law. — 
From  Laws  of  the  Territory  of 
Iowa,  1841-1842,  p.  60. 


The  Iowa  statute  approved  on  February  16,  1842, 
which  is  quoted  above,  follows  the  Ohio  statute  of  1831 
very  closely  in  other  sections.  Moreover,  another  law 
providing  for  poorhouses,  approved  on  February  17th 
of  the  same  year,  also  follows  an  Ohio  law,  as  is  shown  in 
the  following  comparison : 


156 


TOWNSHIP  GOVERNMENT  IN  IOWA 


The  Ohio  Statute 
Section  1.  That  the  commis- 
sioners of  each  and  every  coun- 
ty within  this  state,  shall  be, 
and  they  are  hereby,  authorized 
to  erect  and  establish  poor- 
houses  within  their  respective 
counties,  whenever,  in  their 
opinion,  such  a  measure  will  be 
proper  and  advantageous;  and 
for  that  purpose  it  shall  be  law- 
ful for  the  said  commissioners, 
to  purchase  such  lot  or  tract  of 
land  as  they  may  judge  neces- 
sary for  the  accommodation  of 
the  institution:  Provided,  that 
if  the  commissioners  of  any 
county  shall  think  proper  to 
purchase  land,  and  erect  a 
county  poor-house,  under  the 
provisions  of  this  act,  the  ex- 
pense of  such  purchase  and 
erection,  shall  be  defrayed  by  a 
tax  levied  on  the  objects  of 
county  taxation  for  that  ex- 
press purpose;  which  tax  shall 
be  collected  and  paid  over  in 
the  same  manner  that  other 
taxes  are  collected.  —  From 
Chase's  Statutes  of  Ohio,  Yol. 
Ill,  pp.  1829,  1830. 

Sec.  9.  That  no  person  shall 
be  admitted  to  any  such  poor- 
house  as  a  pauper,  unless  upon 
the  order  or  warrant  of  the 
trustees  of  the  proper  town- 


The  Iowa  Statute 
Section  1.  That  the  county 
commissioners  of  each  and  ev- 
ery county  within  this  Terri- 
tory, shall  be,  and  they  are 
hereby  authorized,  to  erect  and 
establish  poor  houses  within 
their  respective  counties,  when- 
ever in  their  opinion,  such  a 
measure  will  be  proper  and  ad- 
vantageous, and  for  that  pur- 
pose it  shall  be  lawful  for  said 
commissioners,  to  purchase 
such  lot  or  tract  of  land,  as 
they  may  deem  necessary  for 
the  accommodation  of  the  in- 
stitution :  Provided,  that  if  the 
commissioners  of  any  county 
shall  think  proper  to  purchase 
land,  and  erect  a  poor  house 
under  the  provisions  of  this  act, 
the  expense  of  such  purchase 
and  erection,  shall  be  defrayed 
by  a  tax  levied  on  the  general 
assessment  roll  for  that  express 
purpose,  and  collected  and  paid 
over  in  the  same  manner  that 
other  taxes  are. —  From  Laws 
of  the  Territory  of  Iowa,  1841- 
1842,  p.  83. 

Sec.  9.  That  no  person  shall 
be  admitted  to  such  poor  house, 
as  a  pauper,  unless  upon  the  or- 
der of  the  trustees  of  the  prop- 
er township,  or  of  the  county 


THE  OVERSEERS  OF  THE  POOR 


157 


ship,  directed  to  the  board  of 
directors  of  the  poor-house  of 
the  proper  county;  which  or- 
der or  warrant  shall  be  accom- 
panied by  a  statement  of  facts 
signed  by  said  trustees,  setting 
forth  the  name,  age,  birthplace, 
length  of  residence,  previous 
habits,  and  present  condition  of 
the  person  claiming  to  be  a 
pauper,  together  with  the  time 
or  times  at  which  such  person 
or  persons,  if  not  a  native  of 
the  township,  has  been  warned 
to  depart  therefrom;  and  if 
neglected  to  be  warned  or  re- 
moved, the  reason  or  cause  of 
such  neglect;  and  if,  on  a  full 
examination  of  the  facts  or  cir- 
cumstances touching  the  right 
of  such  pauper  to  admission  in- 
to the  poor-house,  which  may 
come  to  the  knowledge  of  the 
directors,  they  shall  be  of  opin- 
ion, from  the  failure  or  neglect 
of  duty  on  the  part  of  the  over- 
seers of  the  poor,  or  from  want 
of  the  proper  legal  residence,  or 
from  any  other  cause,  such  per- 
son is  not  legally  chargeable  to 
the  county  as  a  pauper,  he  or 
she  shall  not  be  admitted  to 
the  poor-house :  and  the  super- 
intendent shall  not  admit  any 
person  into  the  poor-house  as 
a  pauper,  unless  upon  the  or- 


commissioners,  directed  to  the 
board  of  directors  of  the  poor 
house  of  the  proper  county, 
which  order  shall  be  accompan- 
ied by  a  statement  of  the  facts, 
signed  by  said  trustees  or  coun- 
ty commissioners,  setting  forth 
the  name,  age,  birth-place, 
length  of  residence,  previous 
habits,  and  present  condition  of 
the  person,  claiming  to  be  a 
pauper ;  together  with  the  time 
or  times  at  which  such  person 
or  persons,  if  not  a  native  of 
the  county  or  township,  has 
been  warned  to  depart  there- 
from, and  if  neglected  to  be 
warned  or  removed,  the  reason 
or  cause  of  such  neglect;  and 
if,  on  a  full  examination  of  the 
facts  or  circumstances,  touch- 
ing the  right  of  such  pauper  to 
admission  into  the  poor  house, 
which  may  come  to  the  knowl- 
edge of  the  directors  they  shall 
be  of  opinion,  from  the  failure 
or  neglect  of  duty  on  the  part 
of  the  overseers  of  the  poor,  or 
from  want  of  proper  legal  resi- 
dence, or  from  any  other  cause, 
such  person  is  not  legally 
chargeable  to  the  county  as  a 
pauper,  he  or  she,  shall  not  be 
admitted  to  the  poor  house,  the 
superintendent  shall  not  admit 
any  person  into  the  poor  house 


158  TOWNSHIP  GOVERNMENT  IN  IOWA 

der  of  a  member  of  the  board  as  a  pauper,  unless  upon  the  or- 
of  directors. —  From  Chase's  der  of  a  member  of  the  board 
Statutes  of  Ohio,  Vol.  Ill,  p.  of  directors. —  From  Laws  of 
1831.  the  Territory  of  Iowa,  1841- 

1842,  pp.  84,  85. 

While  the  entire  Ohio  statute  was  not  adopted  in  every 
detail,  all  of  the  provisions  of  the  Iowa  law  are  included 
in  the  Ohio  act. 

By  the  act  of  1842  the  expenses  of  poor  relief  were  to 
be  paid  from  the  township  treasury ;  but  in  1844  the  coun- 
ty commissioners  were  authorized  to  pay  all  such  costs 
and  expenses  from  the  county  treasury  in  the  same  man- 
ner as  other  claims  were  audited  and  allowed.  This  law 
was  in  force  after  February  12th  of  that  year.315  Finally, 
the  office  of  ' '  overseer  of  the  poor ' '  became  merged  with 
that  of  the  township  trustee  by  the  act  governing  town- 
ship organization  in  1845,  as  mentioned  above  in  con- 
nection with  the  office  of  trustee.316 

The  poor  of  certain  counties  were  provided  for  in  the 
acts  of  the  first  session  of  the  General  Assembly  of  the 
State,  and  thereby  the  townships  were  to  some  extent 
relieved  from  the  exclusive  care  of  unfortunates.  But 
poor  farms,  authorized  by  special  laws,  were,  it  appears, 
not  extensively  purchased.  This  is  illustrated  in  the  act 
relative  to  Des  Moines  County  which  was  passed  in  1847 
and  repealed  at  the  next  regular  session.317  Again,  in 
1851  a  similar  special  act  allowed  the  commissioners  of 
Lee  County  to  purchase  "any  quantity  of  land  as  to  them 
may  seem  fit",  but  not  to  exceed  a  tract  of  two  hundred 
and  forty  acres.318  To  be  sure  these  are  special  acts,  but 
they  are  illustrative  of  the  tendency  toward  centralization 
in  the  care  of  the  poor. 

In  the  Code  of  1851  the  general  law  concerning  the 


THE  OVERSEERS  OF  THE  POOR       159 

relief  of  the  poor  authorized  the  trustees  of  the  township 
to  seize  the  property  belonging  to  the  parerits  of  aban- 
doned children,  resident  within  the  township.  This 
property,  whether  chattels  or  real  estate,  came  under 
their  immediate  jurisdiction  by  warrant  from  the  courts 
issued  where  the  property  was  located.  When  in  posses- 
sion of  such  property  the  law  required  the  trustees  to 
make  a  proper  inventory  of  the  same  and  to  make  due 
return  of  their  proceedings  in  the  matter  to  the  county 
judge.  They  could  proceed  no  further,  however,  than  the 
taking  possession  of  such  property  and  such  rents  as 
might  arise,  except  on  orders  from  the  county  judge ;  but 
with  his  approval,  disposition  could  be  made  so  that  the 
use  of  such  property  might  be  appropriated  for  the  bene- 
fit of  the  abandoned  family. 

The  law  declared  further  that  where  no  poorhouse  was 
established  in  the  county  the  trustees  were  required  to 
oversee  and  care  for  the  poor  in  their  respective  town- 
ships so  long  as  they  might  remain  a  county  charge.  In 
such  instances,  the  trustees  were  subject  to  direction 
from  the  county  authority,  which  was  then  centered  in  a 
single  officer,  the  county  judge.  Previous  to  obtaining 
relief  the  individual  must  make  application  to  the  trus- 
tees who  then  became  responsible  for  the  care  of  such 
unfortunates,  after  having  satisfied  themselves  by  due 
inquiry  that  the  applicant  was  worthy  of  the  temporary 
care,  which,  alone,  under  the  law  the  township  officers 
were  permitted  to  furnish.  Such  relief  could  become  per- 
manent, however,  upon  the  approval  of  the  county  judge. 
Furthermore,  an  appeal  lay  from  the  trustees  to  the 
county  judge  who  was  empowered  to  command  the  trus- 
tees to  furnish  such  assistance  as  he  deemed  requisite  in 
any  specific  case. 


160  TOWNSHIP  GOVERNMENT  IN  IOWA 

Again,  if  the  poor  of  the  county  were  cared  for  under 
a  contract,  which  could  be  let  by  the  judge  to  the  lowest 
bidder,  and  if  all  the  able-bodied  poor  were  employed  by 
the  contractor  at  some  labor,  it  became  the  duty  of  the 
trustees  to  supervise  such  labor.  It  was  the  evident  in- 
tention of  the  law  to  protect  the  laborer,  since  the  work 
was  subject  to  the  orders  of  the  trustees  and,  in  the  last 
resort,  of  the  county  judge.  When  the  county  possessed 
a  poorhouse,  the  erection  of  which  the  county  judge  might 
order  with  the  approval  of  the  electors,  the  township 
trustees  in  their  capacity  as  overseers  were  authorized  to 
recommend  in  writing  the  individuals  entitled  or  required 
to  enter  such  an  institution.  Upon  the  issuing  of  such  an 
order  the  trustees  were  required,  also,  to  send  notice  to 
the  director  or  directors  of  the  poorhouse,  when  such 
officers  were  appointed,  and  otherwise  to  the  county 
judge.319 

The  law  creating  a  board  of  supervisors,  which  be- 
came effective  in  July,  1860,  declared  that  they  were  to 
"exercise  all  the  powers  in  relation  to  the  poor  now  pos- 
sessed by  the  county  judge  or  county  court ".  That  is, 
they  were  to  make  rules  and  regulations  governing  all 
such  matters  and  they  were  authorized  also  to  purchase 
and  improve  a  farm  according  to  the  statute  of  1851.320 

In  1868  the  township  trustees  as  overseers  were  di- 
rected to  make  suitable  provision  for  the  relief  of  the 
poor  in  their  respective  townships,  if  in  their  judgment 
any  such  individuals  should  not  be  sent  to  the  poorhouse. 
The  aid  furnished  might  include  "food,  rent,  clothing, 
fuel  and  lights,  medical  attendance ' ',  or  money,  but  it 
could  not  in  any  instance  exceed  two  dollars  per  week. 
Up  to  this  amount  persons  preferring  such  outside  aid 
need  not  be  sent  to  the  poorhouse,  but  might  remain  in  the 


THE  OVERSEERS  OF  THE  POOR       161 

township  under  the  care  of  the  overseers  (trustees).  It 
must  be  understood  that  the  county  authorities  regulated 
the  expenditures  in  such  cases,  the  township  trustees 
making  the  necessary  claims  for  their  local  poor  sup- 
port.321 

An  amendment  to  the  law  of  1868  provided,  in  1876, 
that  only  the  families  of  soldiers  could  make  a  choice  in 
the  form  of  aid  received,  whether  it  should  be  outside  or 
at  the  county  poor  farm.  In  all  other  cases  such  assist- 
ance remained  within  the  discretion  of  the  county  board 
or  the  overseers  of  the  poor  acting  under  their  super- 
vision.322 Again,  in  1880  the  trustees  were  charged  with 
an  additional  responsibility  inasmuch  as  they  were  em- 
powered to  put  to  labor  any  indigent  person  or  member 
of  his  family  when  in  their  opinion  such  a  requirement 
would  work  no  oppression.  In  the  employment  upon  the 
public  highway  *  *  at  a  rate  of  not  to  exceed  sixty-five  cents 
per  day"  it  was  expected  that  the  individual  might  earn 
the  necessary  support  to  be  provided  by  the  overseers.  A 
transient  needy  person  who  was  able-bodied  might  be 
assisted  to  the  extent  of  forty  cents  per  day,  which  he 
must  earn  at  labor  upon  the  highway  at  the  rate  of  five 
cents  per  hour.323  In  all  accounts  for  supplies  furnished 
or  services  rendered  by  the  trustees  to  the  poor  an  act  of 
1888  required  the  county  supervisors  to  reject  the  claim 
when  it  appeared  to  be  extreme.324  Moreover,  the  trus- 
tees were  thereafter  bound  to  act  in  such  affairs  in 
accordance  with  the  general  rules  and  regulations  adopt- 
ed by  the  county  board.325 

From  the  establishment  of  local  government  down  to 
the  present  time,  therefore,  some  provision  has  been 
made  for  the  care  of  the  poor.  The  authority  in  immedi- 

11 


162  TOWNSHIP  GOVERNMENT  IN  IOWA 

ate  control,  which  seems  to  have  been  the  nearest  official, 
individual,  or  body,  has  depended,  it  appears,  upon  the 
status  of  the  local  unit  of  government.  Under  a  com- 
bined system  the  relation  of  the  township  to  the  county 
authority  has  been  determined  by  the  method  of  adminis- 
tering poor  relief.  Existing  laws  appear  to  secure  a  clear 
relation  while  assuring  as  near  as  may  be  an  economic  ad- 
ministration. 


PAET  III 

SOME  SPECIAL  ASPECTS  OF  TOWNSHIP 
GOVERNMENT  IN  IOWA 


163 


XVII 

THE  ORIGIN  OF  TOWNSHIP  LAWS  AND 
TOWNSHIP  SYSTEMS 

THE  township  as  an  institution  in  American  local  govern- 
ment had  its  origin  in  New  England,  where,  as  is  well 
known,  its  characteristic  features  were  developed  pre- 
vious to  the  organization  of  the  higher  forms  of  local 
administration.  Moreover,  through  legislation  the  rela- 
tion of  the  township  to  the  higher  areas  of  administration 
has  been  so  adjusted  that  the  original  principles  of  self- 
government  as  expressed  through  the  town  meeting  or 
its  selected  representatives  have  been  retained.  Thus  in 
New  England  the  institution  of  the  American  township  in 
substantially  its  original  form  has  survived  down  to  the 
present  day. 

Early  in  the  eighteenth  century  the  towns  of  New 
York  were  authorized  to  select  from  among  their  citizens 
an  officer  who,  while  performing  many  local  functions  in 
the  towns,  should  at  the  same  time  act  as  a  member  of  a 
county  board :  this  was  the  origin  of  the  township-county 
system  in  which  the  county  was  the  subordinate  member. 
Later  another  form  of  the  same  system  appeared  in  the 
commonwealth  of  Pennsylvania  in  which  the  reverse  con- 
dition was  the  characteristic  feature,  namely,  the  town- 
ship was  subordinated  to  the  county,  having  few  powers 
and  no  representation  upon  a  county  board.  From  these 
two  sources  (New  York  and  Pennsylvania)  it  may  be  said 
that  all  the  modified  forms  of  local  government  in  which 
the  township  is  in  any  sense  a  part  may  be  traced. 

165 


166  TOWNSHIP  GOVERNMENT  IN  IOWA 

As  regards  the  Mstory  and  development  of  township 
government  one  does  not  have  to  look  far  to  see  that 
closely  associated  with  New  York  and  Pennsylvania  were 
the  States  formed  from  the  Territory  of  the  Northwest. 
Although  there  are  some  evidences  of  a  town  meeting, 
similar  to  the  New  England  type,  having  been  held  among 
the  first  settlers  upon  the  Ohio  River,  the  predominating 
political  influences  in  that  region  were  such  that  in  the 
earlier  legislation  the  lesser  influences  of  the  New  Eng- 
land settlements  were  overpowered,  and  the  first  statutes 
of  the  Territory  were  derived  largely  from  Pennsylvania 
and  Virginia,  instead  of  from  New  England.  Moreover, 
the  Pennsylvania  plan  of  county-township  government 
appears  to  have  prevailed  throughout  the  early  period 
until  the  Territory  was  subdivided  —  and  indeed  there- 
after until  Michigan  became  an  independent  Territory. 

Later  in  the  development  of  local  government  in  the 
Territory  of  Michigan  the  township  became  an  important 
factor  in  local  affairs.  And  finally,  about  1827,  the  fea- 
tures of  the  New  York  plan  became  conspicuous  in  the 
local  organization. 

It  was  during  the  period  of  the  development  of  the 
New  York  plan  of  township-county  government  in  Mich- 
igan that  the  Iowa  country  was  attached  to  the  Territory 
of  Michigan  for  purposes  of  temporary  government. 
And  it  was  in  1834  that,  under  a  Michigan  statute,  town- 
ships were  first  established  in  the  Iowa  country  and  their 
organization  provided  for  in  an  election  which  occurred 
on  the  first  Monday  in  November. 

Now  these  first  townships  in  Iowa  were  based  upon 
laws  which  had  previously  been  adopted  by  the  Territory 
of  Michigan  from  different  sources.  They  included  fea- 
tures of  both  the  New  York  and  the  Pennsylvania  plans. 


THE  ORIGIN  OF  TOWNSHIP  SYSTEMS  167 

Furthermore,  there  appears  to  have  been  no  modification 
of  this  mixed  plan  of  organization  during  the  brief  period 
(1834r-1838)  when  Iowa  was  under  the  jurisdiction  of  the 
Territories  of  Michigan  and  Wisconsin.  Unfortunately 
the  union  of  county  and  township  authorities  in  the  Iowa 
country  during  those  years  makes  it  quite  impossible  to 
state  just  what  powers  were  actually  exercised  by  each 
of  them. 

Upon  the  organization  of  the  Territory  of  Iowa,  how- 
ever, there  appears  to  have  been  some  hesitation  in  the 
adoption  of  statutes  previously  in  force  in  the  original 
Territory  of  Wisconsin.  Indeed,  the  first  annual  message 
of  the  first  Governor,  Robert  Lucas,  pointing  out  as  it  did 
the  incompatibility  of  the  Wisconsin  and  Michigan  stat- 
utes as  a  basis  for  the  organization  of  local  government, 
must  have  been  disconcerting  to  the  members  of  the  first 
Legislative  Assembly.  Nevertheless,  it  does  not  appear 
that  at  its  first  session  the  Legislative  Assembly  adopted 
any  legislation  which  departed  very  far  from  the  statutes 
already  in  force  under  the  provisions  of  the  Organic  Act. 

At  the  second  session  of  the  Legislative  Assembly 
there  was  a  definite  movement  in  favor  of  the  adoption  of 
Ohio  statutes.  (See  above,  pp.  27-32.)  An  act  was 
passed  repealing  "all  the  laws  of  Wisconsin  and  Mich- 
igan ",  as  well  as  of  Great  Britain,  which  were  pre- 
viously in  force  in  the  Territory  of  Iowa;  and  the 
legislature  of  the  Territory  was  then  free  to  adopt  or 
enact  such  laws  as  it  preferred.  How  much  of  this 
tendency  to  adopt  Ohio  statutes  should  be  credited  to  the 
first  Governor  and  what  portion  to  the  individuals  who 
composed  the  Territorial  legislature  is  not  determinable ; 
but  in  the  light  of  the  influence  of  other  recommendations 
of  the  first  executive  and  the  apparent  response  to  his 


168  TOWNSHIP  GOVERNMENT  IN  IOWA 

suggestions  relative  to  local  government,  one  is  led  to 
conclude  that  the  influence  of  Robert  Lucas  in  determin- 
ing the  character  of  local  legislation  was  considerable. 

In  view  of  the  fact  that  Governor  Lucas  had  been  a 
former  executive  of  Ohio,  that  he  had  been  for  nineteen 
years  a  member  of  the  legislative  body  of  that  State,  and 
that  he  had  served  as  the  presiding  officer  both  of  the 
Senate  and  of  the  House  of  Representatives,  it  is  plain 
that  he  must  have  been  most  intimately  acquainted  with 
the  Ohio  statutes.  He  could  speak  and  act  from  experi- 
ence and  with  the  authority  of  one  who  saw  conditions 
and  needs  more  clearly  and  more  broadly  than  did  the 
members  of  the  Assembly.  While  there  appears  to  be  no 
specific  reference  to  the  Ohio  statutes  in  the  Governor's 
messages  to  the  Legislative  Assembly,  he  did,  however, 
recommend  the  Michigan  school  law  as  a  good  statute  for 
the  Territory  of  Iowa  to  follow;  and  the  journals  show 
that  this  statute  was  adopted  almost  immediately  in  its 
entirety.  It  may  be  fairly  assumed  that  the  adoption  in 
so  many  instances  of  provisions  from  the  statutes  of 
Ohio  was  not  without  the  Governor's  suggestion.  More- 
over, it  has  been  discovered  that  the  laws  of  Ohio  were 
not  only  a  part  of  the  library  of  the  Territory,  but  they 
were  also  in  the  private  library  of  the  Governor.  Indeed, 
the  very  copy  of  the  statutes  of  Ohio  for  1804-1805,  with 
the  leaves  dog-eared  at  the  township  law,  from  which 
extracts  have  been  taken  in  these  pages,  was  the  individ- 
ual property  of  the  Governor  —  a  volume  which  has 
recently  come  into  the  possession  of  The  State  Historical 
Society  of  Iowa. 

It  appears,  then,  that  the  Legislative  Assembly  of  the 
Territory  of  Iowa  broke  away  from  the  ties  that  natur- 
ally bound  it  to  the  legislation  of  the  Territories  of  Mich- 


THE  ORIGIN  OF  TOWNSHIP  SYSTEMS          169 

igan  and  Wisconsin  and  returned  for  statutory  guidance 
to  the  original  laws  of  the  Territory  of  the  Northwest, 
supplemented  later  by  the  statutes  of  Ohio.  While 
numerous  amendments  may  have  been  made  to  the  orig- 
inal act  as  formulated  or  adopted  in  Ohio,  it  has  been 
possible  through  careful  search  and  comparison  to  dis- 
cover the  statutes  from  which  the  provisions  of  the  Iowa 
laws  were  taken. 

That  there  was  some  delay  in  the  attempt  to  formu- 
late the  first  law  relative  to  township  organization  and 
that  it  failed  to  pass  at  the  first  session  of  the  Territorial 
legislature  is  not  strange  when  viewed  in  the  light  of  the 
Governor's  message.  The  result  of  urging  that  new 
statutes  be  drawn  in  harmony  with  the  Organic  Act  was 
to  halt  the  reenactment  of  Wisconsin  or  Michigan  stat- 
utes for  purposes  of  local  government.  Furthermore, 
the  first  act  providing  for  the  organization  of  the  common 
school  system  was  brief  and,  to  the  Governor  —  who  had 
been  emphatic  in  his  recommendations  —  wholly  unsatis- 
factory. This  led  to  the  suggestion  in  his  next  message 
that  the  Michigan  law  be  adopted. 

That  certain  general  laws  of  Wisconsin  Territory 
were  continued  by  reenactment  in  the  Territory  of  Iowa 
was  probably  due  to  conditions  which  made  a  change 
impracticable.  For  instance,  the  continued  operation  of 
the  revenue  laws  then  in  force  in  the  Territory  of  Wis- 
consin, the  act  relating  to  justices  of  the  peace,  and  the 
election  laws,  modified  only  to  meet  the  conditions  re- 
quired by  the  Organic  Act,  were  immediate  necessities 
when  the  division  of  the  original  Territory  of  Wisconsin 
occurred  in  1838.  This,  however,  could  not  be  said  of  the 
laws  affecting  townships,  roads,  the  poor,  and  highways, 
or  other  local  affairs,  upon  which  action  might  be  delayed ; 


170  TOWNSHIP  GOVERNMENT  IN  IOWA 

and  so  these  are  among  the  acts  which  were  later  drawn 
from  the  Ohio  statutes  as  hereinbefore  indicated.  (See 
above,  pp.  131,  153.) 

The  townships  provided  for  under  the  Michigan  stat- 
utes were  coextensive  with  the  counties;  and  they  con- 
tinued in  this  status  after  the  subdivision  of  the  two 
original  counties  of  Dubuque  and  Demoine  had  been 
effected.  No  townships  based  upon  the  government  sur- 
vey were  established  in  the  Territory  of  Iowa  until  after 
the  adoption  of  the  Ohio  statute  in  1840.  This,  moreover, 
was  seven  years  before  any  provision  was  made  for  the 
organization  of  townships  in  Illinois  under  the  county- 
option  plan. 

Pennsylvania  and  Virginia  laws  were  largely  the 
source  of  the  first  statutes  in  Ohio  and  Michigan.  On  the 
principle  that  statutes  are  borrowed  from  neighboring 
jurisdictions  Iowa  would  have  borrowed  from  Wisconsin 
and  Illinois.  But  all  the  evidences  appear  to  point  to  the 
conclusion  that  these  neighboring  jurisdictions  were  not 
following  the  township  plan  with  which  the  Governor 
and  a  number  of  other  citizens  of  Iowa  were  familiar. 
The  Organic  Act,  the  books  in  both  the  Territorial  library 
and  the  Governor's  private  collection,  the  previous  ex- 
periences of  the  first  executive,  and  his  recommendations 
with  reference  to  the  laws  in  force  in  the  Territory,  all 
seem  to  have  combined  to  bring  about  legislation  relative 
to  local  government  in  Iowa  which  was  based  upon  the 
statutes  of  Ohio. 


XVIII 
THE  TRANSPLANTING  OF  STATUTES 

THE  laws  best  adapted  to  the  conditions  in  one  Common- 
wealth are  rarely  found  to  be  suitable  in  all  respects  to 
the  conditions  obtaining  in  another  jurisdiction  —  espe- 
cially if  the  adopting  State  is  in  a  pioneer  stage  of  devel- 
opment. In  Iowa  in  the  literal  acceptance  of  the  statutes 
of  older  jurisdictions  there  were  introduced  into  the 
early  laws  certain  provisions  which  do  not  seem  to  have 
had  any  immediate  application  to  the  local  conditions 
then  prevailing  in  the  Territory.  On  the  other  hand,  it 
is  noticeable  that  some  of  the  provisions  which  were  at 
first  omitted  as  inapplicable  were  at  a  later  period  made 
a  part  of  the  statutes.  That  the  Iowa  laws  as  taken  from 
the  Ohio  statutes  did  include  sections  which  were  locally 
inapplicable  is  indicative  of  the  general  approval  of  the 
proposed  laws  as  well  as  the  general  acceptance  of  what 
appeared  to  be  necessary  in  the  development  of  the  Ter- 
ritory. 

It  was  important,  in  the  opinion  of  Governor  Lucas, 
that  the  laws  should  read  well  and  provide  as  nearly  as 
possible  the  same  legal  environment  as  was  found  in 
the  States  from  which  the  settlers  came.  And  so  he 
urged  the  adoption  of  statutes  for  the  organization  of  the 
local  government  in  both  his  first  and  his  second  annual 
messages.  Moreover,  it  is  well  known  that  Governor 
Lucas  considered  the  school  law  which  he  recommended 
from  the  Michigan  statutes,  and  which  was  adopted  in 

171 


172  TOWNSHIP  GOVERNMENT  IN  IOWA 

detail,  as  a  little  beyond  the  needs  of  the  time;  but  his 
attention  was  fixed  upon  the  prospective  State  as  well  as 
upon  the  immigrant  who  might  investigate  the  statutory 
provisions  governing  local  interests. 

It  is  quite  certain  that  a  local  government  established 
under  the  precinct  system  in  which  general  oversight  was 
retained  by  the  county,  and  in  which  justice  was  admin- 
istered through  officers  appointed  by  a  centralized  au- 
thority, was  more  economical  for  a  sparsely  settled 
community  having  few  needs  than  a  fully  organized 
township  system  would  have  been.  But  this  form  of  local 
administration  did  not  long  satisfy  a  community  whose 
citizens  had  been  accustomed  to  a  government  adminis- 
tered by  local  officers  of  their  own  selection,  and  who  had, 
therefore,  some  voice  in  local  affairs.  If  an  example  of 
this  demand  is  desired  it  is  seen  in  the  fact  that  townships 
were  organized  in  the  Territory  almost  immediately  fol- 
lowing the  approval  of  the  first  act  making  provision  for 
their  establishment.  It  is  also  suggestive  of  the  truth  of 
the  above  statement  that  the  very  first  movement  to  es- 
tablish townships  in  Iowa  was  in  a  county  where  Ohio 
settlers  predominated. 

It  is  clear  that  the  legislators  who  composed  the  first 
law-making  bodies  in  the  Territory  of  Iowa  did  not  cling 
tenaciously  to  the  laws  of  the  States  of  their  birth.  If 
this  had  been  the  case,  provision  for  township  organiza- 
tion would  not  have  been  made  so  early,  since  a  majority 
(altogether  twenty-two)  of  the  members  of  the  first  legis- 
lature were  born  in  States  not  having  a  township  system. 
Their  action  may  have  been  influenced  by  a  later  environ- 
ment in  States  where  they  acquired  a  residence. 

The  necessity  for  township  organization  and  the 
claims  for  its  superiority  over  other  forms  of  local  organ- 


THE  TRANSPLANTING  OF  STATUTES     173 

ization  as  indicated  in  the  messages  of  the  Governor  were 
doubtless  contrary  to  the  actual  conditions  in  Iowa  at 
that  time.  The  too  numerous  body  of  office-holders  is 
evidence  of  this  fact ;  and  so,  near  the  close  of  the  Terri- 
torial period,  the  functions  which  in  the  first  laws  were 
assigned  to  separate  officers  were  united  and  the  least 
important  office  was  abolished.  Moreover,  this  consolida- 
tion of  functions  has  persisted  to  the  present  day,  with- 
out any  modification  even  in  view  of  the  additional  duties 
falling  to  an  individual  officer. 

It  has  been  said  that  the  school  furnished  the  nucleus 
about  which  the  township  organization  was  developed  in 
the  western  States.  There  appears,  however,  to  be  little 
warrant  for  such  a  conclusion.  Indeed,  the  only  possible 
basis  for  such  an  opinion  is  found  in  the  provision  for 
trustees  and  a  treasurer  for  the  school  lands  in  each 
congressional  township  in  Ohio,  and  later  also  in  Mich- 
igan. But  in  those  jurisdictions  the  civil  township  was, 
as  a  matter  of  fact,  separately  established.  Indeed,  there 
appears  to  be  no  evidence  whatever  that  in  Michigan, 
Wisconsin,  or  Iowa  the  school  was  generally  considered 
before  the  civil  townships  were  a  part  of  the  organized 
machinery  of  local  government. 

So  far  as  known  there  is  but  one  instance  in  the  Terri- 
tory of  Iowa  where  the  congressional  township  became  an 
organized  school  district  previous  to  the  organization  of 
the  civil  township.  In  1840  the  electors  of  two  townships 
in  ranges  six  and  seven  west,  township  sixty-seven  north, 
petitioned  for  a  school  district  organization;  and  their 
request  was  granted  by  the  proper  authorities  —  the 
commissioners  of  the  county  (Lee)  in  which  they  were 
situated.  This  action,  furthermore,  took  place  approx- 
imately one  year  before  the  adoption  of  the  township 


174  TOWNSHIP  GOVERNMENT  IN  IOWA 

system  by  the  entire  county.  While  there  could  have  been 
very  little,  if  any,  direct  effect  upon  the  later  action,  one 
may  grant  that  in  this  instance  the  statement  referred  to 
in  the  previous  paragraph  has  support.  But  it  is  quite 
certain  that  such  was  not  the  general  course  of  evolution 
in  local  government.  Indeed,  an  investigation  of  the 
statutes  of  the  Territory  of  the  Northwest,  of  Ohio,  of 
Michigan,  of  Wisconsin,  and  of  Iowa,  does  not  reveal  any 
evidence  in  support  of  the  statement  that  the  organiza- 
tion of  the  school  district  preceded  the  establishment  of 
the  civil  township. 

If  a  later  stage  in  the  evolution  of  the  local  govern- 
ment areas  be  considered,  in  which  the  congressional  and 
the  civil  township  most  nearly  coincide  in  their  terri- 
torial limits,  one  might  discover  certain  influences  that 
should  be  credited  to  the  demand  for  small  district-town- 
ships. This,  however,  is  not  easy  to  demonstrate.  Nor 
would  such  discoveries  support  the  conclusion  that  "As 
New-England  township  life  grew  up  around  the  church, 
so  western  localism  finds  its  nucleus  in  the  school  sys- 
tem. "326  It  is  true  that  in  the  later  acts  providing  for 
the  establishment  of  civil  townships  an  almost  rever- 
ential attention  has  been  given  to  the  following  of  con- 
gressional township  lines  in  determining  the  boundaries. 
But  this  was  not  a  feature  of  the  first  laws,  in  which  the 
provision  defining  the  electors  of  townships  as  residents 
of  those  local  areas  as  they  are  "laid  out  or  may  here- 
after be  designated"  appeared  to  make  no  specific  ref- 
erence to  the  thirty-six  square  miles  of  territory. 

In  the  early  formation  of  townships  the  county  com- 
missioners, the  county  judge,  or  the  board  of  supervisors, 
as  the  case  might  be,  paid  little  attention  to  the  limits  of 
the  congressional  township.  And  while  they  generally 


THE  TRANSPLANTING  OF  STATUTES     175 

followed  section  lines  in  fixing  the  boundaries,  one  may 
say  that  in  the  first  "setting  off",  if  a  county  contained 
no  natural  barriers,  the  divisions  were  always  rectangu- 
lar and  congressional  townships  were  frequently  in- 
cluded in  two  or  more  civil  townships.  A  county  of 
sixteen  congressional  townships  was  frequently  divided 
into  four  equal  portions,  and  as  it  became  more  thickly 
populated  these  were  reduced  in  area  and  additional 
townships  were  created  until  finally  the  civil  and  congres- 
sional areas  became  for  the  most  part  identical.  It  is  not 
uncommon,  however,  to  find  fractions  of  two  or  more 
townships  of  the  government  survey  included  in  the 
present  civil  divisions.  The  organization  of  the  civil 
township  upon  the  basis  of  thirty-six  square  miles  is,  to 
be  sure,  due  to  the  government  survey,  and  this  is  the 
"germ"  of  the  present  general  limits  of  the  township  as 
permanently  established. 

That  there  was  no  recognized  local  center  where  citi- 
zens could  assemble  is  evidenced  by  the  calling  of  the 
first  elections  for  local  officers  at  the  homes  of  settlers. 
Furthermore,  the  local  records  establish  the  fact  that 
early  political  caucuses  and  conventions  were  summoned 
to  meet  in  the  same  way. 

Early  influences  in  the  Territory  of  the  Northwest 
promised  to  make  the  town  meeting  a  feature  of  local 
government;  but  under  the  sweeping  centralized  author- 
ity granted  by  the  Organic  Act  to  the  Governor  and  his 
associates  the  tendency  to  develop  New  England  customs 
could  not  prevail.  The  later  laws  of  Michigan  provided 
for  local  control  after  the  New  York  plan ;  and  as  the  New 
England  settlers  became  more  numerous  the  town  meet- 
ing came  to  occupy  a  more  conspicuous  place.  If  Iowa 
had  followed  the  Michigan  statutes  the  town  meeting 


176  TOWNSHIP  GOVERNMENT  IN  IOWA 

would  probably  have  become  a  feature  of  the  local  gov- 
ernment of  this  Commonwealth.327  But  in  turning  to 
Ohio  and  adopting  laws  of  an  earlier  date  it  transpired 
that  Iowa  incorporated  into  the  statutes  dealing  with 
local  government  provisions  which  had  been  evolved  dur- 
ing the  formative  period  of  the  Territory  of  the  North- 
west. 

That  the  adoption  of  laws  containing  provisions  for 
which  there  is  no  apparent  demand  leads  to  early  re- 
vision, that  amendments  are  necessary  to  statutes  which 
do  not  fully  meet  local  conditions,  and  that  premature 
action  under  optional  clauses  leads  to  reaction  on  the 
part  of  those  who  live  under  them  are  truths  which  be- 
come evident  from  a  study  of  consecutive  legislation. 
The  combining  of  functions  in  local  offices,  the  constantly 
increasing  need  for  road  legislation,  and  the  attempt  to 
return  to  the  precinct  system  after  having  adopted  the 
township  plan,  illustrate  the  truths  just  stated.  The 
tendency  to  reconstruct  legislation  which  involved  county 
or  township  jurisdiction  is  very  pronounced  in  Iowa  his- 
tory; and  all  efforts  to  establish  and  organize  townships 
appear  to  have  been  directed  toward  giving  the  township 
an  area  that  was  reasonable  in  extent  and  at  the  same 
time  restricting  its  powers  as  to  local  regulations.  For 
this  reason  the  multiplication  of  townships  through  di- 
vision upon  petitions  presented  by  the  electors  of  those 
already  organized  has  continued  to  the  present  day. 

While  there  was  an  evident  sincerity  of  purpose  in 
the  efforts  of  the  early  legislatures  to  enact  laws  suitable 
to  local  demands  and  to  provide  also  for  the  future  de- 
velopment of  local  interests,  it  is  clear  that  under  present 
conditions,  with  the  same  problems  to  be  solved,  a  legis- 
lative body  would  proceed  in  a  different  manner.  From 


THE  TRANSPLANTING  OF  STATUTES     177 

statutes  that  might  serve  as  a  basis  for  local  legislation 
the  unnecessary  features  would  be  sifted;  and  the  prac- 
ticability of  the  immediate  application  of  provisions 
would  be  the  measure  of  their  availability.  It  is  probable 
also  that  the  duties  of  officers  would  be  minutely  defined, 
and  at  the  same  time  more  offices  would  be  provided  for 
the  county  and  fewer  for  the  township  than  in  1840. 

Since  there  was  no  provision  for  town  meetings  in  the 
Iowa  townships,  it  was  necessary  to  provide  for  the  exer- 
cise of  functions  formerly  left  to  the  voters  in  those 
assemblies.  That  is  to  say,  it  was  necessary  to  describe 
the  functions  of  local  officers  more  in  detail,  since  the 
discretion  of  the  voters  directly  or  through  instructions 
to  the  selectmen  was  not  to  determine  matters  of  a  local 
nature.  The  local  officer  is  now  governed  by  the  literal 
interpretation  of  the  law,  and  penalties  are  attached  to 
a  failure  to  carry  out  its  provisions.  The  man  must  act, 
not  according  to  his  judgment  but  according  to  law. 
Uniformity  of  procedure  may  be  necessary  in  many 
undertakings,  but  if  every  action  of  the  subordinate  of- 
ficer is  named  in  the  law  under  which  he  acts  there  is 
evidently  less  freedom  than  under  the  old  provisions 
regulating  the  town  meeting.  Moreover,  in  view  of  the 
fact  that  a  local  assembly  called  the  town  meeting  can  not, 
as  in  some  States,  provide  directly  for  the  affairs  of  the 
township,  there  is  naturally  but  one  remedy,  namely,  that 
of  frequent  demands  for  new  legislation. 

The  clear  statutory  definition  of  functions  in  the  sev- 
eral departments  of  administration  by  which  all  the 
duties  of  a  designated  official  may  be  determined  without 
confusion  does  not  appear  to  have  been  the  aim  in  local 
legislation,  since  here  and  there  in  a  single  line  of  a 

12 


178  TOWNSHIP  GOVERNMENT  IN  IOWA 

statute  a  minor  duty  of  some  officer  is  often  hidden.  No 
one  would  suspect  from  a  reading  of  the  definition  of 
"general  duties"  that  under  many  other  general  statutes 
other  duties  are  required.  For  example,  the  township 
trustees,  or  the  township  clerk,  or  the  assessor  are  fre- 
quently mentioned  in  laws  that  would  scarcely  suggest, 
in  their  titles,  their  relation  to  the  act  or  their  responsi- 
bility in  the  performance  of  even  a  minor  function.  Thus 
errors  have  occurred  in  the  administration  of  local  gov- 
ernment through  a  failure  to  comprehend  the  obligations 
of  office,  and  so  a  "remedial  act"  has  often  become  neces- 
sary. 

While  it  may  be  granted  that  all  statutory  acts  are 
more  or  less  temporary  and  that  it  is  necessary  to  include 
some  functions  of  all  the  officers  in  the  local  jurisdiction 
in  a  single  act,  it  would  seem  feasible  to  summarize  the 
specific  duties  of  any  one  official.  Furthermore,  it  would 
be  an  apparent  advantage  to  any  official  to  have  in  his 
possession  a  brief  account  of  the  history  of  his  office  up 
to  the  time  he  assumed  it  —  not  omitting  any  obsolete 
provision  or  established  precedent.  In  the  drafting  of 
statutes  it  appears  that  the  law  immediately  preceding 
the  one  proposed  has  usually  been  the  basis  of  action. 
The  historical  development  of  the  subject  being  left  out 
of  consideration,  a  reenactment  of  provisions  tested  long 
before  is  likely  to  occur. 

Local  government  legislation  possesses  a  large  meas- 
ure of  stability.  At  the  same  time  there  have  been 
periods  in  which  local  interests  seem  to  have  centered 
about  a  single  demand.  To  meet  this  demand  laws  were 
enacted ;  and  if  in  their  execution  the  results  were  not  as 
anticipated,  amendments  were  immediately  provided  to 
remedy  the  defects.  Occasionally  this  method  of  cor- 


THE  TRANSPLANTING  OF  STATUTES     179 

rection  has  been  carried  to  such  extremes  that  a  new 
statute  would  be  preferable  and  far  less  confusing. 
Finally,  the  actual  record  under  the  various  jurisdictions 
of  which  Iowa  has  at  some  time  been  a  part  signifies  the 
acceptance  by  a  chosen  local  officer  of  the  responsibility 
in  the  administration  of  whatever  law  governed  him.  No 
further  evidence  than  that  of  the  local  records  appears 
to  be  necessary  to  demonstrate  the  exercise  of  powers 
conferred  upon  a  local  unit  of  government.  Failure  in 
efficiency,  if  experienced,  has  not  always  been  due  to 
failure  in  the  administration  of  the  laws. 


XIX 

THE  PEACE  OFFICERS 

PERMANENCY  being  the  chief  characteristic  of  the  office  of 
the  justice  of  the  peace  and  of  his  ministerial  officer,  the 
constable,  fewer  changes  have  occurred  in  the  functions, 
in  the  jurisdiction,  and  in  the  qualifications  for  this  office 
than  in  connection  with  any  other  office  for  which  the 
township  electors  are  responsible.  It  appears  that  in  the 
Territories  of  which  the  Iowa  country  was  at  some  time 
a  part  for  administrative  purposes,  the  justice  of  the 
peace  and  the  constable  were  provided  in  advance  of 
other  agents  of  the  local  government.  For  obvious  rea- 
sons they  were  at  first  appointed  and  commissioned  by 
the  executive.  Located  in  remote  regions  where  com- 
munication was  infrequent  and  laws  appeared  to  be  dis- 
regarded, the  justice  was  authorized  by  the  chief  author- 
ity of  the  Territory  to  preserve  the  peace  and  administer 
justice  in  such  civil  cases  as  were  most  likely  to  arise  in  a 
sparsely  settled  community. 

On  September  6,  1834,  when  the  Legislative  Council 
of  the  Territory  of  Michigan  provided  for  the  organiza- 
tion of  the  counties  of  Dubuque  and  Demoine,  the  Gov- 
ernor nominated  six  justices  of  the  peace  for  the  county 
of  Dubuque.  On  December  26,  1834,  he  nominated  five 
for  the  county  of  Demoine,  and  at  the  same  time  two 
additional  justices  for  the  county  of  Dubuque.  Indeed, 
before  the  division  of  Michigan  Territory  and  the  organ- 
ization of  the  original  Territory  of  Wisconsin  seven  more 

180 


THE  PEACE  OFFICERS  181 

justices  had  been  appointed  for  each  of  the  original 
counties  in  the  Iowa  country.328 

Upon  the  organization  of  the  Territory  of  Wisconsin, 
it  appears  that  Governor  Henry  Dodge,  on  November  30, 
1836,  nominated  twenty-five  justices  for  the  original 
county  of  Dubuque ;  and  for  all  of  the  subdivisions  of  the 
original  county  of  Demoine  he  had  made,  before  the  end 
of  the  year  1837,  more  than  sixty  individual  selections 
for  this  office.  Neither  did  this  formidable  list  conclude 
his  appointments  during  the  period  in  which  the  Iowa 
country  was  a  part  of  Wisconsin  Territory,  for  it  ap- 
pears that  petitions  came  from  many  of  the  counties 
praying  for  additional  "  magistrates "  in  order  that  the 
inconveniences  due  to  an  insufficient  number  might  be 
removed.329 

While  it  is  true  that  these  were  county  appointments, 
it  is  also  a  fact  that,  inasmuch  as  each  county  comprised  a 
single  township,  their  jurisdiction  which  was  coextensive 
with  the  county  was  not  materially  different  from  whaf 
it  was  at  a  later  date  (1840),  following  the  act  providing 
for  the  election  of  justices  in  townships.330  A  significant 
feature  of  the  petitions  that  were  sent  up  to  the  Governor 
is  worthy  of  notice :  they  usually  set  forth  the  needs  of 
the  community  and  at  the  same  time  recommended  men 
in  whom  the  residents  had  confidence  and  who  in  the 
opinion  of  the  petitioners  were  best  qualified  for  such  an 
office.  While  the  number  of  justices  in  each  county  de- 
pended entirely  upon  the  Governor,  who  possessed  the 
power  of  appointment,  if  the  "good  of  the  people "  as 
suggested  in  their  petitions  seemed  to  demand  additional 
facilities  for  the  dispatch  of  judicial  business  the  Gov- 
ernor appears  to  have  been  usually  convinced  by  the 
suggestion  and  made  appointments  accordingly. 


182  TOWNSHIP  GOVERNMENT  IN  IOWA 

If  any  continuity  in  custom  has  been  preserved  in  the 
forms  of  local  government,  the  fact  will  doubtless  be 
demonstrated  in  the  court  of  the  justice  of  the  peace. 
Moreover,  the  old  county  court  of  "quarter  sessions ",  so 
often  referred  to  in  the  local  government  acts  of  the  Ter- 
ritory of  the  Northwest,  might  readily  be  reconstructed 
by  summoning  to  a  common  assembly  the  several  justices 
of  the  peace  in  any  county  and  from  the  whole  number 
selecting  a  " quorum'7.  The  term  " county  court "  was 
carried  over  without  reason  into  the  records  of  some 
Iowa  counties  because  of  the  association  between  the  old 
court  of  quarter  sessions  of  the  justices  of  the  peace  and 
the  board  of  county  commissioners.  In  Iowa  the  justice 
has  always  been  limited  in  jurisdiction  to  the  functions 
performed  by  that  officer  when  acting  singly,  and  here  he 
has  never  acted  upon  county  matters  as  a  member  of  a 
"board"  composed  of  justices. 

It  may  be  noted  further  that  Governor  Lucas,  in  his 
first  annual  message,  called  the  attention  of  the  legis- 
lators to  the  difficulties  that  confronted  them  in  providing 
a  law  defining  the  powers  and  duties  of  the  justices  of  the 
peace  and  constables.  In  his  opinion  justices'  courts 
were  "first  in  order"  and  the  people  were  more  gener- 
ally interested  in  them  than  in  the  higher  courts.  As 
"guardians  of  the  public  peace  and  the  rights  of  indi- 
viduals" the  importance  of  providing  for  these  courts 
early  in  the  organization  of  the  Territory  was  evident; 
and  since  the  constable  was  an  officer  of  this  lower  court 
he  was  included  in  the  recommendations. 

Formerly  the  commissions  issued  by  the  Governors 
of  the  Territories  to  the  justices  of  the  peace  were  highly 
prized  by  their  holders :  they  were  indeed  suggestive  of  a 
time  when  the  office  still  retained  something  of  its 


THE  PEACE  OFFICERS  183 

" royal' '  prerogative.  But  with  the  multiplication  of 
townships,  by  the  electors  of  which  the  justices  of  the 
peace  and  the  constable  were  soon  to  be  chosen,  the  office 
lost  much  of  its  early  importance,  since  there  was  no  lack 
of  justices  to  whom  any  man  could  readily  appeal.  It  is 
true,  however,  that  this  officer  is  guided  in  the  perform- 
ance of  his  duties  by  statutory  provisions  more  numerous 
than  those  provided  for  any  other  officer  chosen  by  the 
township  electors. 

As  suggested  above,  the  court  of  the  justice  of  the 
peace  was  one  of  the  organs  of  local  administration  for 
which  a  continuous  existence  must  necessarily  be  pro- 
vided under  changing  jurisdictions.  And  so  at  the  first 
session  of  the  Legislative  Assembly  the  law  of  Wisconsin 
Territory  regulating  the  acts  of  the  justice  of  the  peace 
was  reenacted  in  the  Territory  of  Iowa. 


XX 

THE  TOWN  MEETING  AND  ELECTIONS 

THE  democratic  type  of  local  government  and  adminis- 
tration afforded  by  the  town  meeting  of  New  England, 
which  is  retained  in  a  modified  form  in  some  of  the  west- 
ern States,  depends  for  its  efficiency  upon  the  individual 
elector.  When,  however,  some  of  the  powers  of  the  town 
meeting  are  transferred  by  delegation  to  elected  officers, 
by  that  much  the  individual  elector  appears  to  be  relieved 
of  responsibility.  Furthermore,  in  not  being  required  to 
offer  an  opinion  or  to  vote  upon  the  details  of  public 
management  he  comes  to  consider  his  duty  fully  per- 
formed when  he  has  cast  his  ballot  for  the  proper  number 
of  officers  which  the  law  provides  to  act  for  him. 

There  is  in  reality  a  wide  difference  between  the  town 
meeting  with  its  democratic  assembly  of  all  the  electors 
within  its  jurisdiction  and  that  form  of  local  organization 
in  which  there  is  exercised  simply  the  power  of  electing 
local  officers.  While  in  the  former  the  local  interests  are 
set  forth  in  all  their  details,  are  passed  upon  by  all  pres- 
ent, and  are  then  and  there  determined ;  in  the  latter  the 
necessary  ballot  having  been  deposited  neither  thought 
nor  action  is  further  required,  since  the  statute  provides 
for  all  of  the  functions  of  the  elected  officers  who  within 
the  limits  therein  laid  down  are  responsible  to  no  one  in 
the  community. 

The  various  modifications  to  which  township  govern- 
ment has  been  subjected  since  its  organization  may  not  be 

184 


THE  TOWN  MEETING  AND  ELECTIONS          185 

traceable  in  every  particular.  But  this  much  is  clear :  the 
town  meeting  is  unknown  as  an  Iowa  institution.  Instead 
of  the  electors  determining  the  functions  of  the  executive 
offices  of  the  township,  the  law  in  Iowa  always  states  that 
"it  shall  be  the  duty  of"  the  local  officers  to  perform 
certain  acts.  It  is  the  elective  power  only  which  is  grant- 
ed to  the  citizens  of  the  Iowa  townships.  It  is  probable 
that  from  the  voluntary  assemblies  of  men  the  annual 
elections  arose,  being  held  at  times  of  the  year  which  at 
first  may  have  been  arbitrarily  chosen,  but  which  were 
later  adapted  to  conditions  which  confronted  the  consti- 
tuted authorities. 

For  a  long  period  the  election  of  township  officers  in 
Iowa  occurred  annually  upon  the  first  Monday  in  April. 
This  custom  was  established  in  the  Iowa  country  while 
the  laws  of  Michigan  Territory  were  in  force,  and  it  ap- 
pears to  have  been  retained  for  a  quarter  of  a  century 
without  any  reason  being  stated.  Neither  was  this  the 
only  election  held  during  the  year ;  for  there  were  August 
elections,  October  general  elections,  and  November  presi- 
dential elections  —  in  all  of  which  the  township  was  the 
unit.  Indeed,  it  appears  that  considerable  experience 
was  necessary  to  bring  about  the  consolidation  of  the 
numerous  separate  elections  so  that  it  was  possible 
finally  to  arrive  at  the  biennial  election  plan. 


XXI 

THE  TOWNSHIP  AND  TAXES 

IN  all  forms  of  administration  revenue  is  indispensable. 
Taxes  must  be  levied  and  collected  through  the  sub- 
ordinate divisions  of  the  local  government.  Consequently 
the  problem  of  adjusting  the  machinery  of  assessment 
and  collection  so  that  friction  may  so  far  as  possible  be 
reduced  has  occupied  the  attention  of  lawmakers  through 
all  generations.  In  Iowa  the  county  and  township  have 
met  in  what  appears  to  have  been  a  contest  as  to  which 
should  control  in  the  assessment  and  collection  of  taxes. 
Problems  of  taxation  are  so  closely  connected  with  per- 
sonal interests  that  an  altogether  satisfactory  plan  of 
raising  public  revenue  has  not  been  discovered,  and  so 
the  method  of  experiment  has  largely  prevailed.  This  is 
clearly  shown  by  the  fact  that  in  Iowa  no  fewer  than  six 
attempts  have  been  made  to  establish  a  satisfactory  area 
for  the  assessment  of  taxes;  and  now  it  appears  that 
after  more  than  fifty  years  of  the  township  assessor  and 
forty  years  of  the  township  board  of  equalization  some 
other  plan  is  about  to  be  evolved  in  an  endeavor  to  arrive 
at  a  better  solution  of  the  problem. 

Furthermore,  the  old  statutes,  by  which  certain 
authority  was  granted  to  the  one  or  the  other  unit  of 
local  government  in  the  making  of  assessments,  appear 
to  have  contained  most  of  the  features  of  any  possible 
plan  which  may  be  proposed  in  the  future.  For  instance, 
there  has  been  in  Iowa  the  county  assessor  who  individ- 

166 


THE  TOWNSHIP  AND  TAXES  187 

ually  listed  the  property  in  his  entire  county,  making  his 
returns  to  the  county  commissioners  who  approved  and 
accepted  the  same.  Of  the  actual  working  of  this  law  the 
records  from  1838  to  1843  will  testify.  In  the  fourth  year 
after  the  approval  of  the  law,  Jesse  B.  McGrew  submitted 
his  assessment  roll  to  the  commissioners  of  Johnson 
County,  Iowa  Territory. 

Under  the  act  of  1843  the  precinct  assessor  appears  — 
there  being  five  such  assessors  in  Johnson  County. 
Again,  the  original  assessment  rolls,  filed  in  uniform 
manner  upon  schedules  prepared  by  the  clerk  of  the 
county  commissioners  as  the  law  required,  are  available. 
While  the  area  included  in  the  precinct  for  which  the 
assessor  was  responsible  was  large,  the  population  was 
small  and  the  assessment  rolls  indicate  that  personal 
property  of  any  description  was  limited.  In  1844,  in  each 
of  the  three  largest  precincts  of  the  county  mentioned 
there  were  but  from  seventy-five  to  ninety  heads  of  fami- 
lies. In  one  of  these  precincts  no  individual  possessed 
taxable  property  the  value  of  which  reached  one  thousand 
dollars,  while  in  the  other  two  precincts  only  eleven  per- 
sons had  property  to  that  extent.  One  may  therefore 
judge  of  the  differences  that  exist  between  the  duties  of 
the  assessor  under  those  conditions  and  his  various  func- 
tions under  present  laws  if  only  his  duties  relative  to 
property  are  considered.  But  the  assessor  under  the  law 
of  1843  was  permitted  to  appoint  a  deputy  if  he  deemed 
it  necessary,  while  no  such  provision  appears  in  present 
legislation. 

After  the  brief  experience  of  two  years  (1844  and 
1845)  there  was  a  return  to  the  county  plan  of  assess- 
ment, which  was  possibly  suggested  by  the  apparent  ease 
with  which  the  precinct  assessor  accomplished  his  task 


188  TOWNSHIP  GOVERNMENT  IN  IOWA 

under  the  conditions  stated  above,  since  with  little  prop- 
erty and  few  inhabitants  it  would  appear  unnecessary  to 
multiply  officers.  The  county  assessor  also  was  author- 
ized to  appoint  a  deputy  if  he  deemed  such  assistance 
necessary.  This  law,  however,  was  in  effect  for  only  one 
year.  Under  the  law  of  1846,  relating  to  the  assessor,  the 
sheriff  was  required  to  assume  the  duties  formerly  as- 
signed to  the  special  county  official.  Again  the  county 
records  reveal  the  actual  operations  of  the  law  in  the 
returns  of  the  county  assessor  for  1846. 

Until  1853  the  sheriff  continued  to  perform  the  duties 
of  both  the  assessor  and  his  own  ministerial  office.  Then 
the  township  once  more  became  the  area  for  assessment 
under  an  officer  elected  therein.  It  was  not  long  after  the 
passage  of  this  act  that  Governor  Hempstead  insisted 
that  he  could  say  nothing  in  favor  of  the  township  pos- 
sessing this  authority.  But  the  situation  was  not  changed 
until  1857,  when  for  a  brief  period  the  county  regained 
the  authority  to  make  all  the  assessments. 

Directly  opposed  to  the  view  of  Governor  Hempstead 
was  the  opinion  of  Governor  Grimes,  who  immediately 
preceding  the  passing  of  the  law  of  1858  —  which  was  the 
final  act  to  this  date  on  assessment  areas  —  observed  in 
his  biennial  message  that  "  there  must  ultimately  be  a 
thorough  township  organization  throughout  the  State, 
and  the  sooner  the  people  become  accustomed  to  it,  the 
less  difficult  and  burdensome  it  will  become,  and  the  more 
perfect  and  satisfactory  will  be  the  transaction  of  public 
affairs".  This  observation,  it  appears,  referred  espe- 
cially to  the  burdens  of  townships  in  conducting  their 
own  affairs  relative  to  taxation.  It  is,  moreover,  reason- 
able to  conclude  that  in  passing  the  act  of  1858  the 
General  Assembly  was  influenced  by  the  Governor. 


THE  TOWNSHIP  AND  TAXES  189 

That  the  township  has  been  able  to  handle  the  func- 
tion of  assessment  seems  to  be  recognized  in  legislation 
relating  to  it  during  the  greater  part  of  its  history.  It 
is  worthy  of  notice  that  the  first  officer  made  elective  in 
the  Territory  of  the  Northwest  was  the  assessor.  It 
would,  perhaps,  be  difficult  to  account  for  the  frequent 
shifting  of  the  function  of  assessment  between  county 
and  township  and  the  approach  at  certain  periods  to  a 
compromise  plan  whereby  the  county  board  of  equaliza- 
tion consisted  of  the  assessors  from  the  several  town- 
ships. If  at  any  period  such  a  county-township  plan  was 
really  in  force,  it  was  under  the  statute  of  1853  which 
provided  for  the  comparing  of  assessments  after  a  classi- 
fication had  been  previously  made. 

The  only  fault  that  could  be  urged  against  this  sys- 
tem, if  the  county  is  ever  to  be  the  unit,  is  the  election  of 
any  one  to  the  office  of  assessor  rather  than  his  selection 
by  appointment  from  a  number  of  persons  having  special 
qualifications. 

While  the  difficulties  connected  with  the  assessment 
of  taxes  may  have  caused  many  changes  in  the  statutes, 
their  collection  appears  to  have  been  a  problem  of  no 
less  importance,  but  one  which  did  not  produce  any  great 
modifications  in  the  laws.  Since  there  never  has  been  an 
elective  township  collector  in  Iowa  under  any  general  act, 
no  agitation  has  resulted  for  a  return  to  some  former 
system.  The  nearest  approach  to  such  an  officer  in  the 
township  was  the  constable  who  performed  the  function 
ex  officio  from  1842  to  1844 ;  but  his  duty  as  collector  was 
probably  so  identified  with  his  ministerial  duties  as  con- 
stable that  the  distinction  was  not  prominent.  More- 
over, no  such  officer  was  provided  for,  even  in  any 


190  TOWNSHIP  GOVERNMENT  IN  IOWA 

optional  act,  until  after  the  suggestion  made  by  Governor 
Kirkwood  that  it  might  facilitate  the  collection  of  taxes 
if  the  township  should  be  made  the  unit  and  an  officer,  to 
be  paid  by  a  percentage  of  the  collections,  should  be 
elected.  Notwithstanding  the  statement  of  Governor 
Stone  in  1866  that  any  attempt  to  improve  the  assess- 
ment and  collection  of  taxes  would  be  an  experiment  that 
would  be  of  doubtful  expediency  the  law  of  1868  was 
passed.  This  act,  being  optional  with  counties,  would  in 
no  manner  change  the  method  of  collecting  by  the  county 
treasurer  or  his  deputy  where  the  new  method  was  not 
adopted. 

The  following  reference  is  sufficient  to  illustrate  the 
delays  incident  to  the  collection  of  taxes  in  a  single  town- 
ship in  1863.  In  the  instructions  to  collectors  (deputies) 
may  be  found  the  penalties  and  delinquencies  for  the  six 
years  from  1857  to  1862,  inclusive.  For  1857  there  were 
twenty-nine  taxpayers  who  had  failed  to  meet  the  small 
levy  assessed  to  them;  fifty-six  had  likewise  failed  in 
1858;  sixty-seven  were  delinquent  in  1859;  one  hundred 
and  nine  in  1860 ;  fifty  in  1861 ;  and  sixty-eight  in  1862  — 
making  a  total  for  the  six  years  of  nearly  four  hundred 
who  had  not  fully  paid  their  assessments.  The  township 
here  referred  to  was  entirely  rural  and  is  now  one  of  the 
richest  in  the  county  of  which  it  is  a  part. 

It  is  clearly  shown  in  the  voting  of  taxes  in  aid  of 
railroad  construction  that  the  electors  can  not  be  trusted 
with  complete  freedom  in  such  matters.  Under  the  first 
of  these  acts  it  was  within  the  power  of  a  few  to  compel 
the  township  trustees  to  levy  large  sums  upon  the  local 
population  without  any  provision  being  made  for  re- 
ceiving full  value  in  exchange.  From  what  occurred  it 
is  clear  that  the  taxpayer  needed  protection  against  him- 


THE  TOWNSHIP  AND  TAXES  191 

self;  and  the  revision  and  repeal  of  laws  which  followed 
appear  to  have  had  that  end  in  view.  Initiative  on  the 
part  of  taxpayers  may  have  been  desirable;  but  hasty 
actions  in  the  hope  of  possible  advantages  to  the  immedi- 
ate community,  actions  which  were  later  corrected  in  the 
remedial  legislation  relating  to  township  taxes  in  aid  of 
railroads,  must  have  suggested  further  legislation  which 
aimed  to  prevent  a  repetition  of  these  occurrences,  with- 
out taking  away  the  privileges  of  the  elector. 

A  provision  of  the  first  law  relating  to  local  govern- 
ment in  the  Territory  of  the  Northwest  authorized  the 
overseers  to  levy  and  collect  a  tax  for  the  support  of  the 
poor.    Moreover,  while  limited  to  a  single  assessment,  the 
tax  once  assessed  could  be  repeated  as  often  as  the  needs 
of  the  poor  might  require.     Such  provisions,  however, 
did  not  prevail  at  any  time  in  the  history  of  the  Iowa 
township ;  but  under  the  first  act  relating  to  such  organ- 
izations in  the  Territory  authority  was  given  for  the  levy 
and  collection  of  a  township  tax  which  had  been  approved 
by  the  electors.    This  did  not  necessarily  exclude  other 
provisions  for  the  poor  nor  restrict  the  voters  to  any 
specific  case.     Other  statutes  declared  that  the  county 
commissioners  were  responsible  for  the  support  of  the 
poor  —  which  would  indicate  a  county  fund  for  that  pur- 
pose—  while  the  immediate  supervision  as  to  the  needs 
of  individuals  remained  with  the  overseers.    If  funds  for 
poor  support  were  advanced  by  the  township  authorities 
these  bore  no   special  designation  but  became  a  final 
charge  against  the  county.    In  a  similar  way  the  town- 
ship has  provided  for  the  enforcement  of  the  regulations 
of  the  board  of  health,  since  the  immediate  local  authori- 
ties are  the  only  administrative  agents  who  are  in  a 
position  to  know  the  needs  of  the  community. 


XXII 
THE  CAEE  OF  THE  EOADS 

UPON  the  establishment  of  Territorial  roads  the  local 
authorities  were  immediately  made  responsible  for  those 
portions  lying  within  the  boundaries  of  their  respective 
jurisdictions.  The  surveying,  the  platting,  and  the  pro- 
visions for  opening  these  first  highways  were  Territorial 
functions,  but  the  actual  care  and  improvement  of  the 
roads  after  their  location  rested  with  the  counties 
through  which  they  passed.  No  more  interesting  phase 
of  local  development  —  suggesting  not  only  individual 
but  also  community  demands  —  appears  in  a  study  of 
the  growth  of  a  Commonwealth  than  the  evolution  of  the 
public  highways.  To  fully  determine  the  influences  bear- 
ing upon  the  location  and  subsequent  changes  in  the 
earliest  of  roads  one  would  be  led  into  an  investigation 
of  the  topography  which  limited  the  choice  of  routes,  or 
into  a  study  of  the  economic  and  social  reasons  for  subse- 
quent changes  as  settlements  were  formed  and  local 
areas  acquired  more  influence.  Sharply  defined  lines  do 
not,  to  be  sure,  separate  the  periods  when  such  influences 
were  most  pronounced,  but  that  their  effects  may  be 
traced  through  the  local  records  is  not  to  be  questioned. 
The  townships,  however,  were  not  immediately  con- 
cerned with  the  first  roads  established  in  the  Territory 
of  Iowa  until  they  were  made  responsible  for  the  care  of 
all  public  highways  within  their  borders,  regardless  of 
the  authority  by  which  such  roads  were  first  established. 

192 


THE  CARE  OF  THE  ROADS         193 

It  is  true  that  the  greater  portion  of  this  responsibility 
has  been  imposed  through  the  establishment  and  location 
of  county  roads,  which  have  usually  been  determined  by 
section  lines.  But  there  are  in  the  earliest  established 
counties  highways  of  the  greatest  usefulness  which  re- 
tain the  original  direction  and  in  general  the  original 
route,  for  which  at  present  the  township  must  provide 
care.  As  suggested  above,  the  early  roads  which  con- 
nected centers  of  population  and  points  supplying  pro- 
visions of  immediate  necessity  followed  the  "uplands" 
wherever  possible.  For  this  reason  the  main-traveled 
roads  of  the  township  did  not  and  do  not  now  always 
follow  section  lines. 

Following  the  example  set  by  the  Territorial  legis- 
lature in  providing  for  the  Territorial  roads  through 
appointed  commissioners,  the  supervision  of  county 
roads  as  first  established  possessed  the  same  general 
features.  Indeed,  one  would  be  unable  to  determine  by 
which  authority  the  road  was  located  without  consulting 
the  local  records.  Once  established  they  became  fixed 
routes  of  travel  and  were  recognized  as  the  principal 
highways  of  the  county  and  township,  while  the  subse- 
quent changes,  if  any,  were  slight  and  made  where  they 
least  disturbed  the  old  lines.  In  townships  of  the  later 
surveys,  where  there  are  no  natural  obstacles,  "diag- 
onal" roads  do  not  appear;  and  the  recent  act  providing 
for  dragging  districts  would  in  such  areas  seldom  re- 
quire a  district  within  the  section,  while  in  the  older 
counties  such  districts  would  be  numerous. 

Before  townships  were  authorized  to  provide  for  road 
officers  the  county  authorities  were  receiving  petitions  at 
almost  every  session  requesting  the  laying  out  of  county 
roads  connecting  the  main-traveled  Territorial  or  county 

13 


194  TOWNSHIP  GOVERNMENT  IN  IOWA 

highways  in  order  that  local  settlements  might  be  accom- 
modated. While  these  new  roads  tended  to  follow  sec- 
tion lines  it  appears  that  the  first  consideration  was  the 
accommodation  of  the  petitioners  residing  within  a  given 
area. 

Thus  when  the  township  authorities  assumed  charge 
of  the  public  roads  there  were,  in  the  counties  which  were 
first  organized  and  in  that  portion  of  the  Territory  which 
first  required  means  of  communication,  highways  estab- 
lished by  different  authorities  and  in  some  respects  for 
different  purposes :  that  is  to  say,  the  Territorial  roads 
connected  points  of  Territorial  importance,  while  county 
roads  were  established  mainly  to  accommodate  local  in- 
terests. It  may  be  said  that  the  relation  of  the  township 
to  the  county  roads  was  not  unlike  that  of  the  county  to 
the  Territorial  roads,  which  were  under  county  control 
as  to  improvement  and  care  although  established  by 
special  acts  of  the  Territorial  legislature. 

From  the  appointment  of  road  supervisors  by  the 
Governor  of  an  extensive  Territory  to  their  election  as 
subordinate  officers  of  a  township  suggests  a  great  range 
in  the  method  of  selection.  Moreover,  it  is  quite  evident 
that  in  the  legislation  relating  to  roads  there  is  an  ap- 
proach to  local  control  as  now  established,  for  following 
the  appointment  of  road  supervisors  by  the  Governor  in 
Michigan,  the  judges  of  the  district  court  were  authorized 
to  provide  for  road  supervision  in  their  respective  dis- 
tricts. Later  the  authority  over  highways  was  trans- 
ferred to  the  county  court  of  quarter  sessions,  which  was 
authorized  to  nominate  as  supervisors  for  each  township 
in  the  county  men  whom  the  Governor  should  approve. 
Subsequently,  the  county  commissioners  were  given  full 
power  to  appoint  the  supervisors  over  the  road  districts 


THE  CARE  OF  THE  ROADS         195 

which  they  were  authorized  to  establish,  until  finally  the 
township  electors  secured  the  right  to  control  directly  or 
indirectly  the  selection  of  road  officers  of  whatever  rank. 

Not  all  of  these  provisions  are  revealed  in  the  laws 
relative  to  local  government  as  enacted  in  Iowa  subse- 
quent to  the  establishment  of  the  Territory  in  1838;  nor 
indeed  while  the  country  was  under  the  jurisdiction  of 
the  Territories  of  Michigan  and  Wisconsin,  for  during 
that  period  the  control  had  passed  to  the  county  board. 
If,  however,  the  authority  of  the  legislature  in  providing 
for  the  viewing  and  surveying  of  the  Territorial  roads  is 
comparable  to  that  of  the  Governor  in  establishing  dis- 
tricts, one  may  conclude  that  there  was  a  similarity  in 
practice.  While  county  authority  was  maintained  for 
almost  twenty  years  after  the  organization  of  the  Terri- 
tory of  Iowa  and  different  opinions  have  prevailed  as  to 
the  best  plan  —  that  is  as  to  county  or  township  control 
—  one  may  say  that  it  is  a  debatable  question  only  in  so 
far  as  methods  of  making  improvements  and  repairs  en- 
ter into  the  matter. 

There  appears  to  have  been  a  strong  tendency  toward 
decentralization  in  the  evolution  of  the  administration  of 
the  public  highways  following  the  first  provisions  in  the 
statutes  of  the  Territory  of  the  Northwest.  Further- 
more, there  were  good  reasons  at  first  for  the  authority 
being  lodged  in  the  Governor  or  other  officers  occupying 
positions  of  large  power,  either  executive,  legislative,  or 
judicial,  since  in  the  period  when  such  laws  prevailed 
roads  were  established  over  large  areas  and  between 
points  which  were  most  in  need  of  communication.  Nor 
was  any  particular  attention  paid  to  any  principle 
other  than  that  of  the  most  direct  route,  provided  natural 
obstacles  offered  no  resistance.  Any  unit  of  local  govern- 


196  TOWNSHIP  GOVERNMENT  IN  IOWA 

ment,  even  if  organized,  possessed  at  first  an  insufficient 
population  to  provide  for  the  care  of  the  public  roads  as 
required :  laborers  must  necessarily  be  drawn  from  such 
an  extent  of  territory  that  boundaries  of  ordinary  town- 
ships and  counties  would  necessarily  be  disregarded. 
There  remained  then  but  two  higher  authorities,  the  Ter- 
ritorial government  and  the  judges  of  the  district  courts, 
upon  whom  such  responsibility  could  be  laid;  and  this 
was  the  plan  actually  put  into  operation  in  the  Territory 
of  Michigan  just  before  the  Iowa  country  was  attached  to 
that  jurisdiction. 

But  the  rapid  settlement  of  the  counties  in  the  Iowa 
country  and  the  subsequent  attachment  to  them  of  the 
newly  organized  outlying  counties,  as  well  as  the  almost 
immediate  organization  of  townships,  made  it  possible 
to  omit  any  reference  to  authorities  higher  than  the 
county  in  the  provisions  for  the  opening  and  improvement 
of  the  Territorial  roads  established  by  legislative  acts. 
Moreover,  it  appears  very  reasonable  that  the  counties 
should  direct  the  work  upon  local  roads  until  townships 
were  fully  organized  and  inhabited.  That  the  township 
since  its  organization  has  retained  the  control  over  the 
improvement  of  roads  ordered  by  the  legislative  or  coun- 
ty authorities,  with  the  single  exception  of  the  period 
from  the  organization  of  the  Territory  down  to  1853, 
indicates  either  the  effectiveness  of  such  control  or  the 
inertia  that  custom  sometimes  produces. 

It  may  be  noted,  also,  that  at  the  time  when  the  county 
supervisor  of  roads  was  provided  for  in  1851  there  was 
the  provision  for  a  deputy  supervisor  in  the  township, 
who,  while  acting  under  the  county  officer,  was  neverthe- 
less limited  to  the  township,  and  who  appears  to  have 
been  responsible  for  the  township  as  a  district.  More- 


THE  CARE  OF  THE  ROADS         197 

over,  it  is  apparent  that  this  deputy  supervisor  was 
really  the  first  township  road  supervisor  for  whom  the 
law  of  1884  made  specific  provision.  Or,  it  may  be  that 
the  township  supervisor  of  roads  as  designated  in  the 
Michigan  statute  of  1817  suggested  the  deputy  super- 
visor of  1851  and  the  further  provision  of  1884  which  has 
been  more  fully  set  forth  in  recent  legislation.  If  so,  the 
power  of  appointment  by  a  Governor  is  now  represented 
in  the  powers  conferred  upon  the  township  trustees. 

The  almost  military  authority  given  to  the  first  super- 
visors under  the  statutes  providing  for  emergencies  in 
road  construction,  by  which  they  might  compel  men  sub- 
ject to  the  road  tax  to  labor  upon  the  highways  or  pay  the 
penalty,  is  of  ancient  origin;  while  "warning  out"  in 
ordinary  work  suggests  the  command  which  should  not  be 
disobeyed.  These  features  of  our  present  road  laws  are 
very  similar  to  those  incorporated  in  the  early  acts  of  the 
original  States,  while  the  principle  of  distributing  the 
road  fund  over  the  township  instead  of  confining  the  ex- 
penditure to  the  single  districts  is  likewise  old  in  its 
application.  Contrary  to  this  view  was  the  recommenda- 
tion of  Governor  Carpenter  that  road  districts  be  organ- 
ized on  the  same  principles  as  independent  school  districts 
—  a  plan  which  might  indeed  arouse  a  spirit  of  local 
interest,  but  which  would  certainly  be  in  opposition  to 
the  principle  that  roads  are  for  all  the  people  and  all 
should  bear  the  expense  of  construction  and  repair.  It  is 
the  equitable  distribution  of  the  fund  in  the  township 
which  recent  statutes  require.  Furthermore,  it  would 
appear  that  a  strictly  equitable  distribution  means  not  so 
much  per  mile  over  the  entire  district  but  rather  the 
greatest  good  to  the  greatest  number  of  people.  If  this 
be  true  the  main-traveled  roads  will  continue  to  be  fa- 
vored in  the  expenditures  of  each  township  as  heretofore. 


198  TOWNSHIP  GOVERNMENT  IN  IOWA 

An  authority  more  or  less  centralized  has  determined 
the  course  of  these  highways;  while  subsequently  the 
district  system  with  its  army  of  overseers  has  provided 
an  indifferent  care,  and  the  attention  anticipated  by  the 
laws  through  efficient  labor  at  the  right  time  under  com- 
petent management  has  not  resulted  in  permanent  high- 
way improvement.  It  also  required  suggestions  from  at 
least  two  Governors  to  secure  even  the  privilege  of  adopt- 
ing the  single  township  road  district.  Under  the  first  act 
its  adoption  depended  upon  petition,  and  this  being  an 
optional  matter  a  leadership  of  sufficient  interest  to  per- 
sonally solicit  support  for  the  measure  must  be  present. 
It  was,  therefore,  but  a  continuation  of  this  law,  that  after 
its  purpose  had  been  defeated  by  optional  clauses,  it  was 
made  mandatory  and  the  township  became  a  single  road 
district.  Again  the  usual  reaction,  due,  it  appears,  to  the 
loss  of  immediate  local  control  of  funds  or  labor  and 
change  in  long  established  customs,  demanded  a  repeal 
or  amendment  which  resulted  in  a  provision  for  a  modi- 
fied district  system  after  the  "try  out"  for  two  years 
under  the  single  supervisor  plan.  Indeed,  it  seems  that 
there  is  now  no  limit  to  the  frequency  of  the  two-year 
changes  if  the  sixty-five  per  cent  petition  for  the  multiple 
system,  or  the  fifty  per  cent  for  the  single  district  is  ob- 
tainable. It  remains  to  be  seen  which  of  these  two 
opinions  will  prevail  and  whether  such  a  brief  trial  will 
produce  any  definite  results. 

In  a  prairie  State,  which  for  the  greater  part  com- 
prises lands  where  roads  may  be  established  on  the  sec- 
tion lines,  the  "roads  and  cartways"  formerly  provided 
for  in  the  early  statutes  to  be  laid  out  under  the  direction 
of  the  township  trustees  are  seldom  necessary,  since  full 
accommodation  is  secured  through  the  Territorial,  State, 


THE  CARE  OF  THE  ROADS         199 

or  county  roads,  for  fractions  of  which  the  township  has 
been  held  responsible. 

To  meet  the  demands  due  to  modern  means  of  travel 
the  country  roads  are,  by  recent  legislation,  to  be  super- 
vised by  two  general  officers  of  the  township  under  the 
appointment  and  direction  of  the  trustees.  This  appears 
to  be  an  extension  in  the  application  of  the  laws  relating 
to  the  single  district ;  and  the  explicit  directions  given  by 
the  last  act  to  the  township  trustees  suggests  the  ' '  shall ' ' 
of  later  acts  in  situations  where  "may"  was  formerly 
used.  The  former  provision  for  guide-boards  declared 
that  they  " shall"  be  erected;  the  last  provision  is  that 
they  "may"  be  erected.  At  first,  in  1884,  it  was  provided 
that  townships  "may"  adopt  the  single  district  plan; 
now  they  ' '  shall ' '  adopt  it,  with  the  trial  provision  men- 
tioned above.  The  trustees  "shall"  divide  the  entire 
township  into  districts  for  road  dragging  purposes. 
This,  moreover,  is  a  much  more  complicated  system  than 
the  formation  of  the  former  districts  for  road  work  under 
the  supervisor  and  would,  moreover,  demand  so  much 
time  and  attention  from  not  only  the  trustees  but  also 
from  the  clerk  that  it  supports  the  suggestion  made  below 
regarding  a  special  officer  giving  full  time  to  such  work. 

While  formerly  the  trustees  were  held  responsible  for 
the  destruction  of  noxious  weeds  upon  the  highways  or 
private  property,  there  appears  to  be  a  division  of  author- 
ity under  later  acts ;  that  is  to  say,  the  highways  are  now 
to  be  cleared  by  the  superintendent  or  contractor,  who  is 
the  same  individual  in  the  interpretation  of  the  statute, 
while  the  general  supervision  over  private  property  re- 
mains with  the  trustees.  Such  a  division  would  destroy 
absolutely  any  beneficial  results  if  either  authority  should 
fail  to  perform  the  functions  provided  in  the  law,  for  the 
destruction  of  weeds  demands  undivided  attention. 


XXIII 
THE  PERSISTENCE  OF  THE  TOWNSHIP 

WHILE  it  is  true  that  the  original  town  or  township  of  the 
New  England  type  has  not  prevailed  throughout  the 
western  States,  the  characteristics  which  that  original 
organization  possessed  have  prevented  the  abolition  of 
the  township  altogether,  even  where  the  tendencies  ap- 
peared to  be  greatly  in  favor  of  a  larger  unit  in  local 
government  and  administration.  The  disposition  of  the 
people  to  participate  in  the  management  of  local  matters, 
to  take  part  in  local  administration,  or  to  be  represented 
in  some  body  authorized  to  make  regulations  of  immedi- 
ate application,  are  some  of  the  factors  which  make  for 
the  maintenance  of  township  activities. 

The  spirit  of  self-government  which  produced  the 
original  township  tends  to  retain  certain  prerogatives  re- 
gardless of  the  economy  of  administration  which  might 
be  secured  through  proposed  changes.  And  the  local  area 
—  not  too  large  for  all  of  its  citizens  to  recognize  its  unity 
and  possessing  certain  privileges  and  obligations  that 
are  distinctly  expressed  in  the  statutes  for  even  the  low- 
est type  of  township  organization  —  seems  to  suggest  a 
relation  that  unites  citizens  in  their  ideas  of  local  govern- 
ment and  in  their  notions  of  what  constitutes  a  unit  in 
administration.  Furthermore,  the  increase  in  privileges 
or  the  consolidation  of  interests  under  certain  statutes 
will  not  detract  from  this  spirit  of  local  unity  but  will 
rather  cause  an  enlarged  appreciation  thereof.  And  so 

200 


THE  PERSISTENCE  OF  THE  TOWNSHIP         201 

the  preservation  of  some  form  of  township  organization 
seems  to  be  assured. 

Where  the  town  meeting  has  been  retained  with  power 
to  adopt  regulations  for  local  affairs  few  statutes  of  a 
general  nature  have  been  necessary  to  provide  for  the 
internal  needs  of  the  township,  while  under  such  an 
organization  the  citizens  have  possessed  the  greatest  op- 
portunity to  illustrate  the  spirit  of  self-control  and  to 
prove  the  desirability  of  the  township  meeting  in  training 
men  for  civic  duty.  The  exercise  of  what  appears  to  be 
real  legislative  power  in  the  lowest  unit  of  administration 
must  certainly  increase  the  interests  of  the  elector  in  the 
higher  forms  of  political  organization. 

But  where  the  town  meeting  has  not  been  at  any  time 
a  part  of  the  experience  of  men  and  where  the  only 
occasion  for  any  assembly  of  the  citizens  is  that  of  the 
annual  or  biennial  elections,  there  is  little  to  promote 
loyalty  to  the  local  government  unit  and  prevent  its  entire 
subordination  to  higher  interests.  It  appears  that  under 
a  perfect  administration  the  most  desirable  and  most 
educative  civic  agency  in  the  training  for  that  citizenship 
which  possesses  the  requisite  knowledge  in  reference  to 
local  affairs  would  be  the  representative  township-county 
system  with  the  prerogatives  of  the  town  meeting  still  a 
feature.  This  system  is,  indeed,  regarded  as  the  strong- 
est and  highest  form  of  township  organization,  since  it 
affords  the  electors  not  only  a  voice  in  the  administration 
of  immediate  local  interests  but  also  in  those  questions 
which  determine  the  actions  of  the  next  higher  unit  in 
local  government,  thus  producing  an  appreciation  of  the 
importance  of  the  township  and  its  place  in  the  Common- 
wealth. 

Had   there   been   no   previous   influences    operating 


202  TOWNSHIP  GOVERNMENT  IN  IOWA 

among  the  first  settlers  of  the  western  Territories  and 
had  they  emigrated  from  States  wholly  free  from  town- 
ship organization,  as  indeed  some  did,  there  appears  to 
be  good  reason  for  supposing  that  they  would  have 
formed  units  of  local  government  similar  to  the  township. 
Under  the  grouping  in  settlements  as  they  were  made  in 
the  various  sections  of  eastern  Iowa  the  conditions  sur- 
rounding the  first  settlers  of  New  England  were  in  some 
degree  repeated,  and  while  the  law  permitted  the  organ- 
ization of  townships  before  any  real  demand  for  them  had 
arisen  —  a  law  which  was  applied  almost  immediately  — 
there  were  questions  that  required  united  action.  For 
instance,  the  early  settlers  were  called  upon  to  vote  for 
Territorial  officers;  road  districts  were  established  by 
central  authorities  but  placed  under  the  control  of  a  local 
officer  who  ordered  local  residents  to  labor  upon  the  high- 
ways; the  post  office  located  upon  an  established  mail 
route  determined  a  center  about  which  settlements  were 
made;  while  protection  of  personal  property  and  land 
claims  led  to  united  if  extra-legal  action,  which  under  the 
system  of  government  survey  was  usually  confined  to  a 
congressional  township.  The  precincts  which  preceded 
the  township,  and  in  some  instances  followed  lines  almost 
identical  with  the  boundaries  of  future  townships,  sug- 
gest the  natural  tendencies  when  the  whole  area  is  adapt- 
ed to  settlement  by  a  people  who  by  their  own  labor 
cultivate  the  soil. 

As  long  as  only  a  few  settlers  were  scattered  over 
large  areas  and  the  administration  of  local  matters  was 
of  little  consequence,  the  peace  officers  being  sufficient  for 
immediate  needs,  no  organization  appears  to  have  been 
necessary  for  the  small  areas  since  the  larger  unit  served 
all  purposes.  As  a  matter  of  fact,  however,  the  self- 


THE  PERSISTENCE  OF  THE  TOWNSHIP         203 

government  notion  was  evident  as  soon  as  conditions  re- 
quired attention  to  local  needs.  The  economy  of  the 
precinct  system  was  insufficient  as  an  inducement  to  pre- 
vent an  early  demand  for  some  further  local  authority. 
And  when  a  spirit  of  this  nature  was  urged  into  action 
by  the  first  Governor  of  the  Territory,  and  when  later 
Governors  continued  to  call  attention  to  the  importance 
of  the  township  in  local  matters  it  seems  that  the  inherent 
notion  of  what  constituted  a  local  government  in  which 
the  individual  citizen  had  a  direct  interest  could  not  be 
changed  unless  the  very  nature  of  those  citizens  had  be- 
come impaired  through  the  lack  of  exercise  of  those 
functions  that  make  men  of  some  consequence  in  the 
community. 


XXIV 

THE  CONSTITUTIONAL  STATUS  OF  THE 
TOWNSHIP 

BY  the  law  of  1842  the  township  was  declared  to  be  a 
body  corporate  and  politic.  It  was  not  until  1880,  how- 
ever, that  the  Supreme  Court  of  Iowa  was  called  upon  to 
determine  its  powers.  Then,  under  the  provisions  of  the 
Code  of  1873,  the  court  held  that  the  township  was  not  a 
corporation,  but  a  subdivision  of  the  county  for  adminis- 
trative purposes  only.  Other  decisions  by  the  same  court 
have  distinguished  the  township  from  the  county  and 
school  district  in  this  particular,  namely,  that  the  former 
is  not  now  defined  in  the  law  as  a  corporate  body  while 
the  county  and  the  school  district  are  so  designated. 

In  1906  upon  a  question  involving  the  relation  of  an 
incorporated  town  to  the  township  lying  without  and 
adjoining  the  same,  the  Supreme  Court  held  that  the 
township  is  a  "quasi  corporation",  and  that  it  is  to  be 
regarded  as  a  municipality  within  the  meaning  of  the  act 
relating  to  such  questions  as  came  before  the  court  in  this 
case.  This  decision  placed  the  incorporated  town  and  the 
adjoining  township  in  a  different  relation  from  that  as- 
sumed by  the  local  officers  in  their  action  which  brought 
on  the  suit.331 

Probably  no  questions  have  ever  been  raised  which 
had  for  their  definite  purpose  the  securing  of  a  decision 
upon  the  powers  of  the  township  and  its  officers.  Inci- 
dentally, however,  it  has  been  held  by  the  highest  court 

204 


CONSTITUTIONAL  STATUS  OF  THE  TOWNSHIP  205 

of  the  State  that  the  organization  of  one  township 
through  the  division  of  another  is  not  completed  until 
the  new  officers  have  been  elected  and  have  entered  upon 
the  discharge  of  their  duties.332  It  appears  that  the 
electors  of  any  township  may  force  a  division  upon  a 
petition  presented  to  the  county  board  of  supervisors 
who  are  allowed  no  discretion  in  the  matter.  If  the 
requisite  number  of  names  are  attached  to  the  petition 
and  all  the  provisions  of  the  law  are  complied  with  the 
county  board  must  establish  the  township.333  Further- 
more, it  has  been  held  by  the  Supreme  Court  that  the 
legality  of  the  organization  of  the  township  may  not  be 
questioned  because  of  a  failure  to  comply  with  the  law  in 
the  first  election.334 

It  has  been  declared  also  that  the  constitutional  limita- 
tion as  to  indebtedness  imposed  upon  corporations  does 
not  apply  to  townships.  For  that  reason,  it  appears,  the 
law  has  provided  that  no  debt  may  be  incurred  by  the 
township  for  which  a  tax  has  not  already  been  levied; 
and  where  officers  have  exceeded  their  authority  in  such 
matters  there  has  been  little  hesitation  in  declaring  the 
transaction  illegal  and  the  creditor  has  been  the  one  to 
suffer  the  loss.  For  example,  to  purchase  tools  and 
machinery  for  the  improvement  of  highways  was  a  power 
conferred  upon  the  township  trustees  very  early  in  their 
control  over  roads.  But  they  have  never  been  permitted 
to  make  contracts  for  such  equipment  and  pledge  the 
credit  of  the  township  for  payment.  In  a  case  of  this 
character  which  came  before  the  Supreme  Court  in  1882 
the  opinion  handed  down  declared  that  if  this  could  be 
done  there  would  be  no  limit  to  which  such  indebtedness 
might  be  incurred.335 

The  general  road  fund  of  the  township  is  available 


206  TOWNSHIP  GOVERNMENT  IN  IOWA 

for  the  compensation  of  the  district  road  supervisor,  and 
the  payment  of  such  claims  may  be  enforced.  The  argu- 
ment submitted  to  show  that  this  must  be  a  charge  against 
the  road  district  fund  was  not  held  as  valid  when  re- 
viewed by  the  Supreme  Court.336  Again,  if  money  be- 
longing to  the  general  township  fund  is  due,  the  township 
clerk  may  recover  the  same  in  his  own  name ;  but  he  is,  in 
effect,  acting  for  the  township,  which  can  not  sue.337 

The  judicial  and  ministerial  nature  of  functions  re- 
quired of  township  officers  is  apparent  in  some  of  the 
commonplace  duties  of  the  trustees  relative  to  the  poor, 
and  also  in  the  routine  of  the  supervisors  or  superin- 
tendents of  roads,  since  they  are  not  only  authorized  to 
determine  where  work  shall  be  done  and,  within  limited 
periods,  when  it  shall  be  performed,  but  they  are  person- 
ally to  direct  it.338  The  trustees  are  to  determine  also  in 
the  first  instance  whether  a  poor  person  needs  aid,  and 
they  are  then  to  decide  upon  the  nature  of  that  relief. 
They  not  only  act  thus  judicially,  but  either  as  a  board  or 
individually  they  must  see  that  such  orders  as  they  may 
choose  to  make  are  executed.  Moreover,  they  are  grant- 
ed some  freedom  in  their  decisions  and  actions,  for  it  has 
been  said  that  when  applied  to  for  relief  their  duty  is 
not  to  be  determined  by  very  rigid  rules.  They  must 
exercise  a  wise  discretion,  and  where  humanity  seems  to 
require  it  they  have  full  authority  to  act.  This  follows 
from  the  fact  that  they  must  often  act  promptly  and 
without  taking  time  to  examine  carefully  into  circum- 
stances which  would  affect  the  case.  So  much  confidence 
is  placed  in  these  officers  in  the  supervision  of  the  poor 
in  their  township  that  if  they  act  in  good  faith,  even 
though  it  may  appear  not  wisely,  and  without  abusing 
the  power  granted  them,  their  acts  may  not  be  questioned. 


CONSTITUTIONAL  STATUS  OF  THE  TOWNSHIP  207 

They  may  thus  bind  the  county  to  pay  the  expenses  in- 
curred in  performing  such  acts  of  relief. 

The  disagreements  between  the  townships  and  the 
county  in  allowances  for  the  care  of  the  poor  or  for  ex- 
penses connected  with  the  local  board  of  health  have 
usually  arisen  through  defective  records  or  proceedings 
in  which  some  minor  provision  of  the  law  has  not  been 
complied  with.  For  instance,  it  has  been  held  by  the 
highest  authority  that  the  duties  of  the  trustees  can  not 
be  delegated :  that  is  to  say,  they  must  personally  decide 
who  are  entitled  to  assistance  at  public  expense.  They 
must  also  certify  that  statements  are  correct;  and  the 
importance  of  the  minor  officers  has  been  emphasized  in- 
asmuch as  they  are  held  responsible  for  the  personal 
knowledge  that  can  be  secured  only  through  having  acted 
as  the  law  required.339 

As  officers  of  the  township  it  appears  that  the  trustees 
can  not  maintain  an  action  to  recover  money  due  from  the 
county,  although  the  latter  may  be  responsible  for  the 
claim.  They  are  not  the  real  parties  interested,  or  as  the 
statute  stipulates,  not  the  "trustees  of  an  express  trust " 
within  the  meaning  of  the  law.  Such  a  case  is  illustrated 
in  the  expenditure  of  money  collected  through  a  township 
tax  to  satisfy  the  claims  of  a  physician  who  rendered 
service  for  the  board  of  health,  the  township  trustees 
thereafter  endeavoring  to  collect  the  amount  from  the 
county.340 

A  provision  of  the  law  of  1872  by  which  the  incor- 
porated town  and  that  portion  of  the  township  lying 
without  the  town  might  be  organized  as  separate  town- 
ships has  been  productive  of  confusion.341  For  example, 
it  has  required  the  opinion  of  the  Supreme  Court  to 
determine  whether  the  assessor  elected  in  the  incor- 


208  TOWNSHIP  GOVERNMENT  IN  IOWA 

porated  town  was  a  township  or  a  town  officer ;  and  only 
upon  the  status  of  the  voters,  who  were  described  as  be- 
longing to  the  territory  designated  as  a  township,  was 
the  assessor  within  the  town  limits  declared  to  be  a 
township  officer.  In  this  instance  it  was  granted  that  the 
choice  might  have  been  made  at  the  municipal  election, 
but  the  suffrage  determined  the  jurisdiction  of  the  of- 
ficer.342 By  a  later  decision,  however,  it  was  determined 
that  in  cities  acting  under  special  charter  and  organized 
as  a  separate  township  the  assessor  must  be  selected  at 
the  general  election  in  November.343 

An  incorporated  town  including  fractions  of  two  or 
more  civil  townships  must  be  considered  as  one  asses- 
sorial  district,  and  so  an  attempt  of  the  county  board  of 
supervisors  to  equalize  assessments  between  the  fractions 
of  townships  would  be  equivalent  to  the  equalizing  of 
individual  assessments  in  the  township.  But  this  they 
are  not  permitted  to  do,  since  under  such  conditions  this 
is  a  prerogative  of  the  city  council  which  would  cor- 
respond to  the  board  of  trustees  in  equalizing  the  assess- 
ments for  the  single  district.344 

Until  the  question  of  jurisdiction  arose  between  the 
authorities  of  towns  and  surrounding  townships,  or  be- 
tween the  townships  and  the  county,  or  until  some  claim 
was  disputed  there  could  be  no  decision  that  would  estab- 
lish the  status  of  the  township.  It  seems  rather  remark- 
able that  this  matter  was  so  late  in  reaching  the  Supreme 
Court,  but  this  may  be  accounted  for  perhaps  by  the  fact 
that  new  jurisdictions  were  not  at  first  interested  in 
many  problems  that  later  assumed  features  of  some  im- 
portance. 


XXV 
THE  IMPORTANCE  OF  LOCAL  OFFICEES 

THE  efficiency  of  legislation  providing  for  the  adminis- 
tration of  local  affairs,  or  the  final  enforcement  of  State 
regulations,  or  the  truthful  collection  of  information 
which  may  be  desirable  in  summarizing  conditions  upon 
which  legislation  may  be  based  will  depend  finally  upon 
the  official  who  is  elected  or  appointed  to  perform  certain 
duties.  It  is  well  known  that  a  failure  at  the  lowest 
point  in  administration  weakens  the  entire  system.  Of 
special  importance  is  the  faithful  collection  of  data.  For 
instance,  the  assessor  has  been  assigned  at  various  times 
the  task  of  collecting  statistical  information,  which  unless 
faithfully  done  would  make  the  whole  work  of  little  value, 
if  not  entirely  misleading.  Again,  the  regulations  of  the 
State  Board  of  Health  would  be  of  no  value  in  a  com- 
munity with  a  careless  and  indifferent  local  board.  A 
late  act  providing  for  a  State  Fire  Marshal  will  be 
found  defective  or  worthless  if  the  requirements  of  the 
law  are  not  met  by  the  local  officers.  Furthermore,  if 
laws  are  thrust  upon  a  community  before  it  fully  compre- 
hends their  meaning  or  before  it  has  expressed  any 
demand  for  such  legislation,  the  results  will  be  unsatis- 
factory. Indeed,  the  local  official  who  will  meet  the  ex- 
pectations of  the  lawmakers  in  such  instances  is  a  rare 
personage. 

One  may  not  conclude,  however,  that  the  failures 
which  occur  at  this  point  in  administration  are  due 

14  209 


210  TOWNSHIP  GOVERNMENT  IN  IOWA 

wholly  to  indifference  or  inefficiency  on  the  part  of  the 
individual  charged  with  certain  functions  which  have  in- 
volved often  the  comprehension  of  a  new  and  untried 
statute.  The  best  and  wisest  of  men  have  sometimes 
been  troubled  with  the  interpretation  of  the  law  when  it 
was  unaccompanied  by  any  illustration  or  precedent 
which  might  serve  as  a  guide.  Doubtless,  too,  many  local 
officers  have  not  felt  the  responsibility  of  their  position 
for  the  very  simple  reason  that  they  never  have  been 
confronted  with  the  facts  which  would  reveal  to  them 
their  real  relation  to  the  government  of  the  Common- 
wealth. 

The  limited  view  or  the  narrow  conception  of  duty 
which  the  environment  may  determine  must  of  necessity 
react  on  the  individual  who  has  not  at  some  time  come 
into  vital  contact  with  the  larger  units  of  administration. 
Clearly  this  is  the  exact  situation  in  which  many  officers 
find  themselves  when  selected  to  perform  certain  func- 
tions. And  unless  some  uncommon  effort  is  made  it 
seems  quite  unreasonable  to  expect  from  them  the  thor- 
oughness in  the  discharge  of  their  duties  which  ought  to 
prevail  without  any  interruption  in  all  local  matters.  It 
would  appear  to  be  a  profitable  plan,  therefore,  to  place 
before  such  individuals  something  of  the  history,  some- 
thing of  the  dignity,  and  something  of  the  fundamental 
nature  of  their  offices. 


XXVI 

THE  PEESENT  DEMANDS  UPON  TOWNSHIP 
OFFICIALS 

WHILE  the  principle  of  election  should  for  obvious  rea- 
sons be  maintained  as  far  as  practicable  in  the  selection 
of  officers  in  all  departments  of  local  government  and 
administration,  the  time  seems  to  be  fast  approaching 
when  it  will  require  more  than  ordinary  experience  and 
training  to  meet  the  demands  of  the  law  under  the  rapid- 
ly increasing  number  of  functions  imposed  upon  the  ad- 
ministrative agents  of  the  township.  The  petty  officers 
of  the  New  England  and  the  western  townships  are  no 
longer  mentioned  in  the  statutes.  Instead,  their  duties  — 
which  were,  to  be  sure,  of  a  minor  nature  —  have  been 
assigned  to  other  officers  who  could  not  be  dispensed 
with. 

The  modest  demands  made  upon  the  township  trustees 
when  only  a  few  families  resided  within  their  jurisdiction 
and  when  only  a  single  road,  which  was  seldom  traveled, 
required  their  attention,  have  expanded  until  the  general 
supervision  of  township  affairs  requires  attention  to  a 
large  number  of  details  covering  many  subjects.  With 
roads  upon  every  section  line  to  be  cared  for,  with  drain- 
age areas  to  oversee,  with  jury  duty  in  determining  indi- 
vidual cases  of  disagreement  in  drainage  outlets  or  in  the 
assessment  of  damages  as  fence  viewers,  with  services  as 
a  board  of  health  or  as  a  board  of  equalization,  and  with 
the  supervision  of  the  poor  within  the  township,  the  trus- 

211 


212  TOWNSHIP  GOVERNMENT  IN  IOWA 

tees  are  not  only  given  large  powers  but  they  are  held 
responsible  for  the  discharge  of  a  great  many  separate 
and  distinct  functions. 

The  great  majority  of  the  men  who  perform  duties  in 
the  service  of  their  fellow  citizens  and  who  fulfill  the 
obligations  they  assumed  in  qualifying  for  the  offices  to 
which  they  may  have  been  elected  in  the  subordinate 
districts,  probably  did  not  seek  such  preferment  and 
responsibility.  It  is,  moreover,  probably  true  that  they 
have  felt  that  they  were  not  fully  compensated  for  their 
services.  But  the  occasion  demanded  men,  and  they  have 
served  under  a  constantly  increasing  variety  of  demands 
upon  their  time  and  patience.  Of  such  the  trustees  are 
an  example.  If  it  were  possible  to  compare  the  time 
necessary  to  accomplish  all  that  is  now  required  of  the 
trustees  with  the  hours  employed  in  meeting  the  de- 
mands in  the  early  years  of  township  government  in 
Iowa,  before  so  many  functions  had  come  to  form  a  part 
of  their  official  duty,  one  could  better  appreciate  the  in- 
crease in  responsibility. 

Not  only  is  this  true  of  the  trustees,  but  also  of  the 
township  assessor  and  the  township  clerk.  The  imposi- 
tion of  special  requirements  has  made  it  necessary  that 
such  officers  should  be  possessed  of  more  than  ordinary 
skill  if  errors  do  not  follow  an  attempt  to  comply  with 
the  laws  under  which  they  act.  In  every  instance  where 
a  new  provision  has  affected  the  functions  of  the  trustees, 
the  clerk  has  been  in  some  measure  required  to  follow 
their  procedure.  In  many  instances  what  appears  to  be 
a  modest  demand  as  provided  in  the  law  may  become  a 
matter  of  large  responsibility  when  put  into  operation. 

If  the  tendency  of  the  past  is  to  form  a  basis  for 
judgment,  it  appears  that  a  demand  for  officers  selected 


PRESENT  DEMANDS  UPON  TOWNSHIP  OFFICIALS  213 

according  to  special  fitness  for  certain  administrative  de- 
partments will  be  made  not  far  in  the  future.  How  they 
shall  be  selected,  whether  by  appointment  under  certain 
restrictions  and  after  a  demonstration  of  reasonable 
claims  for  preferment,  or  by  election  as  at  present,  can 
not  now  be  determined.  But  if  efficiency  is  the  aim  in 
public  service  it  is  fair  to  assume  that  persons  called 
upon  to  perform  duties  requiring  skill  can  not  be  selected 
by  means  of  the  ordinary  ballot.  The  sooner  this  fact  is 
realized  the  better  will  be  the  results ;  for  efficient  service 
can  not  be  postponed  without  serious  loss  —  not  only  in 
the  public  service  itself  but  also  in  the  confidence  of  the 
people  in  their  institutions. 

The  reaction  that  has  followed  the  trial  of  certain 
legislation  may  doubtless  be  traced  to  the  fact  that  in  the 
administration  of  the  statutory  provisions,  which  were 
not  necessarily  bad,  the  results  were  unsatisfactory  be- 
cause of  inefficient  effort.  Eesults  of  this  character  lead 
only  to  a  demand  for  new  legislation  which  may  be  no 
better  than  the  first  —  at  the  same  time  increasing  the 
bulk  of  the  laws  without  making  progress.  If  any  agent 
of  the  local  government  needs  to  be  endowed  with  a  large 
measure  of  appreciation  of  his  duties,  it  would  appear 
to  be  the  one  selected  for  the  lowest  administrative  dis- 
trict. 

It  could  not  be  foreseen  when  local  government  in 
Iowa  was  first  established  that  in  the  developments  to 
follow  the  provisions  then  made  would  soon  prove  in- 
adequate. The  larger  problems  did  not  appear  for  many 
years,  and  then  they  came  in  rapid  succession,  requiring 
the  overloading  of  offices  already  provided  for.  No  addi- 
tional assistance  through  the  creation  of  a  different 
system  appears  to  have  been  proposed.  During  the 


214  TOWNSHIP  GOVERNMENT  IN  IOWA 

greater  part  of  the  history  of  the  State  the  same  general 
program  has  been  carried  out :  the  same  quota  of  officers 
have  been  elected  for  the  township  as  if  no  demand  had 
arisen  for  modifications.  In  no  other  instance  has  such 
permanency  been  maintained  in  the  official  force  pro- 
vided for  the  management  of  the  affairs  of  an  adminis- 
trative area.  Whether  this  is  due  to  satisfaction  with 
results  in  the  conduct  of  local  matters  or  to  inertia  is 
difficult  to  determine;  that  it  may  continue  without  any 
radical  change  is  scarcely  possible. 


NOTES  AND  REFERENCES 


215 


NOTES  AND  REFERENCES 

iThe  county  of  Dubuque  as  originally  established  comprised  all  that 
territory  to  which  the  Indian  title  had  been  extinguished,  lying  west  of  the 
Mississippi  Eiver  and  north  of  a  line  drawn  ' '  due  west  from  the  lower  end 
of  Eock  Island  to  [the]  Missouri  river".  All  the  territory  south  of  this 
line,  north  of  the  State  of  Missouri,  and  extending  westward  to  the  Indian 
country  was  included  in  the  county  of  Demoine. 

The  act  of  Congress  attaching  the  country  west  of  the  Mississippi  to  the 
Territory  of  Michigan  was  approved  on  June  28,  1834;  and  the  act  of  the 
Legislative  Council  of  the  Territory  of  Michigan  establishing  the  counties  of 
Dubuque  and  Demoine  was  approved  on  September  6,  1834. 

The  boundaries  of  the  first  two  townships  established  in  the  Iowa  country 
under  the  laws  of  the  Territory  of  Michigan,  being  coincident  with  those  of 
the  two  original  counties  of  Dubuque  and  Demoine,  were  not  unlike  other 
townships  in  that  Territory.  Neither  were  these  townships  larger  than 
others  since  the  entire  northern  half  of  the  peninsula  above  Saginaw  Bay 
appears  to  have  comprised  a  single  township.  In  the  Wisconsin  district, 
moreover,  names  of  townships  such  as  the  "Township  of  Howard",  the 
"Township  of  Green  Bay",  the  "Township  of  Mason",  the  "Township  of 
Milwalky"  appear  upon  a  map  of  1839  without  any  indication  of  limits 
determined  by  county  boundaries,  while  in  the  earlier  settled  parts  of  Mich- 
igan the  name  of  the  single  township  occupies  a  conspicuous  place  upon  the 
outline  of  each  county.  Thus  it  seems  to  be  clear  that  the  lawmakers  of 
Michigan  Territory  in  1834  intended  to  make  the  township  a  permanent  and 
important  feature  in  the  government  of  the  attached  territory. 

While  these  townships  of  Julien  and  Flint  Hill  have  occupied  an  im- 
portant and  interesting  place  in  Iowa  history,  they  appear  to  possess  the 
distinction  also  of  being  the  first  townships  established  west  of  the  Missis- 
sippi Eiver.  Limited  at  first  only  by  the  boundaries  established  by  treaty 
with  the  Indians  who  claimed  the  region,  these  original  areas  have  been 
reduced  until  now  they  are  recognized  as  ordinary  civil  administrative 
districts. 

2  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1326.  When  the  county 
of  Saginaw,  Michigan  Territory,  was  set  off  in  1822,  it  included  thirty-six 
congressional  townships.  In  1831  there  was  organized  the  civil  township  of 
Saginaw  which  comprised  the  entire  county.  Subsequently  the  boundaries  of 
the  county  were  changed  to  include  but  thirty-two  congressional  townships; 

217 


218  TOWNSHIP  GOVERNMENT  IN  IOWA 

and  thereupon  the  county  was  organized,  leaving  the  former  Saginaw  town- 
ship in  two  counties,  four  congressional  townships  lying  in  Oakland  county. 
—  Michigan  Pioneer  Collections,  Vol.  VII,  p.  261. 

s  Laws  of  the  Territory  of  Michigan,  Vol.  II,  pp.  317,  322. 

In  the  township  of  Bellevue,  including  the  entire  county  of  Eaton,  Mich- 
igan Territory,  the  first  town  meeting  consisted  of  four  men  —  that  is,  all 
who  were  entitled  to  vote  in  the  county.  They  selected  the  judges  of  election 
as  provided,  and  at  the  same  time  elected  themselves  to  the  eight  or  more 
chief  offices  in  the  township. —  Michigan  Pioneer  Collections,  Vol.  Ill,  p. 
3>87. 

*  Records  of  the  County  Supervisors,  Des  Moines  County,  Session  of 
September,  1835,  Book  I,  1835-1840,  in  the  office  of  County  Auditor, 
Burlington,  Iowa. 

5  Records  of  the  County  Supervisors,  Des  Moines  County,  Session  of  No- 
vember, 1835,  Book  I,  1835-1840,  in  the  office  of  County  Auditor,  Burling- 
ton, Iowa. 

6  Records  of  the  County  Supervisors,  Dubuque  County,  Session  of  May, 
1836,  Book  I,  in  office  of  County  Auditor,  Dubuque,  Iowa. 

7  An  act  establishing  the   Territory  of  Wisconsin,  reprinted  from  the 
United  States  Statutes  at  Large  in  Shambaugh's  Documentary  Material 
Relating  to  the  History  of  Iowa,  Vol.  I,  p.  78. 

s  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  64. 

»  Records  of  the  County  Supervisors,  Lee  County,  Sessions  of  April  and 
November,  1837,  Book  I,  in  office  of  County  Auditor,  Fort  Madison,  Iowa. 

10  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  144.     In  this  act 
there  is  an  apparent  separation  of  township  and  county  duties. 

The  first  board  of  county  commissioners  for  Dubuque  County  met  under 
the  laws  of  Wisconsin  on  April  2,  1838,  and  on  the  same  date  the  board  met 
for  the  first  time  in  Cedar  County. —  Records  of  the  County  Commissioners, 
in  the  office  of  the  County  Auditor. 

It  was  in  1802  that  the  Legislative  Assembly  of  the  Territory  of  the 
Northwest  made  provision  for  the  first  meeting  of  the  electors  in  the  town- 
ship, which  was  to  be  called  on  the  authority  of  the  court  of  general  quarter 
sessions  by  virtue  of  a  warrant  directed  to  the  constable  of  the  township. — 
Chase 's  Statutes  of  Ohio,  Vol.  I,  p.  344. 

11  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  139. 

12  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  165. 

Four  election  precincts  were  established  in  Lee  County  in  March,  1838. 
In  the  same  year  there  were  but  three  such  precincts  in  Dubuque  County. 


NOTES  AND  REFERENCES  219 

In  the  latter  county  this  number  had  increased  to  eleven  in  1841  —  the  year 
in  which  townships  were  established  and  organized  in  Lee  County.  In  1838 
there  were  seven  precincts  in  Scott  County,  which  at  the  time  included 
Clinton  County.  In  May,  1839,  there  were  thirteen  precincts  in  these  two 
counties.  After  the  organization  of  Clinton  County  in  1840  the  boundaries 
of  eight  precincts  are  recorded  in  Scott. 

is  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  177. 

In  1825  the  Governor  and  Legislative  Council  of  Michigan  Territory,  upon 
whom  such  power  of  legislation  had  been  conferred  in  1823,  were  authorized 
by  the  laws  of  the  United  States  to  "  divide  the  said  territory  into  town- 
ships, and  incorporate  the  same,  or  any  part  thereof;  to  grant,  define,  and 
regulate  the  privileges  thereof,  and  to  provide  by  law  for  the  election  of  all 
such  township  and  corporation  officers"  as  might  by  law  be  designated. — 
Shambaugh's  Documentary  Material  Relating  to  the  History  of  Iowa,  Vol. 
I,  p.  68. 

i*  House  Journal,  Territory  of  Iowa,  1838-1839,  p.  5. 

is  House  Journal,  Territory  of  Iowa,  1838-1839,  p.  90. 

is  Council  Journal,  Territory  of  Iowa,  1838-1839,  pp.  88,  90,  100,  119. 

17  House  Journal,  Territory  of  Iowa,  1839-1840,  pp.  11,  12. 

is  House  Journal,  Territory  of  Iowa,  1839-1840,  pp.  26,  29,  33,  39,  43, 
49,  59,  162,  174;  Council  Journal,  Territory  of  Iowa,  1839-1840,  pp.  43,  46, 
97,  108,  115,  116,  142.  The  select  committee  was  composed  of  Messrs. 
Hastings,  Summers,  Lash,  Patterson,  Hawkins,  Bailey,  Mintun,  Cox,  Wheel- 
er, and  Walworth. 

is  Council  Journal,  Territory  of  Iowa,  1838-1839,  pp.  43,  44.  The  com- 
munication referred  to  reads  as  follows : 

"To  the  Hon.  Jesse  B.  Browne, 
"President  of  the  Council: 

"SiR:  The  receipt  of  a  resolution  adopted  by  the  Honorable  the  Legis- 
lative Council  on  the  21st  inst.,  requesting  the  Secretary  of  the  Territory  to 
furnish  one  or  more  copies  of  the  acts  passed  by  the  Michigan  Legislature  in 
1834- '5,  is  hereby  respectfully  acknowledged. 

"It  is  regretted  by  the  Secretary  that  he  is  unable  to  comply  with  the 
precise  terms  of  the  resolution  in  question,  but,  if  special  reasons  exist 
which  may,  in  the  estimation  of  the  Honorable  the  Legislative  Council,  ren- 
der the  laws  of  Michigan  of  1834- '35  peculiarly  desirable,  the  Secretary, 
upon  receiving  a  formal  intimation  to  that  effect,  will  use  all  due  diligence 
in  procuring  the  same,  although  it  is  doubted  whether  they  can  be  procured 
and  transmitted  to  this  place,  in  time  to  render  their  valuable  contents 


220  TOWNSHIP  GOVERNMENT  IN  IOWA 

available  to  the  Legislature  of  this  Territory  within  the  period  prescribed 
for  the  continuance  of  the  session. 

"It  is,  however,  gratifying  to  be  enabled  to  transmit  herewith  the  Laws 
of  Michigan  of  1837- '38,  a  copy  of  which  is  furnished  for  the  use  of  each 
House,  together  with  a  copy  (also  for  each  House)  of  the  following  laws, 
to  wit: 

1.  The  acts  and  resolutions  of  the  second  session  of  the  twenty-fifth 
Congress  of  the  United  States,  1837- '8. 

2.  The  General  and  Local  Laws  of  Ohio,  183 7- '8. 

3.  The  Laws  of  Maryland,  1837- '8. 

4.  The  Laws  of  Pennsylvania,  1837- '8. 

5.  The  Laws  of  New  Hampshire,  1838. 

6.  The  Eesolves  of  the  State  of  Maine,  1838. 

7.  And   (as  already  stated)   the  Laws  of  Michigan,  1837- '8. 

"The  Honorable  the  President  of  the  Council,  is  respectfully  requested 
to  order  the  transmission  of  one  copy  of  each  of  the  foregoing  compilations, 
to  the  Honorable  the  Speaker  of  the  House  of  Eepresentatives,  accompanied 
by  a  transcript  of  this  communication,  together  with  an  expression  of  the 
highly  respectful  regard,  with  which  I  have  the  honor  to  be,  and  remain, 
your  very  obedient  servant, 

WM.  B.  CONWAY, 

Secretary  of  the  Territory." 

The  Secretary  of  the  Council  was  ordered  to  carry  out  the  suggestions  in 
the  last  paragraph  of  this  communication,  and  to  transmit  to  the  House  the 
copies  of  the  "foregoing  compilations"  as  requested  by  the  Secretary  of 
the  Territory. 

A  copy  of  the  Catalog  of  the  Territorial  Library,  issued  in  1839  at 
Burlington,  is  on  file  in  the  Masonic  Library  at  Cedar  Eapids. 

20  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  47 ;  also  The  Iowa  Jour- 
nal of  History  and  Politics,  Vol.  IX,  p.  158. 

21  Laws  of  the  Territory  of  Iowa,  1840-1841,  pp.  92,  93. 

The  township  elections  of  April  8,  1841,  in  Des  Moines  County  resulted 
in  the  selection  of  six  justices  of  the  peace,  four  constables,  two  town 
clerks,  seven  trustees,  five  treasurers,  six  overseers  of  the  poor,  eleven  super- 
visors of  roads,  four  fence  viewers,  and  eight  school  inspectors.  Nine  town- 
ships were  organized  in  January  previous  to  this  election. 

In  February,  1841,  the  clerk  of  the  board  of  county  commissioners  in  Lee 
County  placed  a  notice  of  the  township  organization  in  his  county  in  the 
Burlington  Hawkeye  and  Iowa  Patriot,  Vol.  II,  No.  26,  February  4,  1841. 
This  was  in  accordance  with  the  provisions  of  law.  It  gave  notice  of  the 
elections  in  the  townships  as  established  by  the  commissioners  at  the  Janu- 
ary session,  and  was  published  by  their  order.  The  counties  of  Van  Buren 
and  Louisa  were  also  formed  into  civil  townships  in  1841. 


NOTES  AND  REFERENCES  221 

Townships  were  organized  in  Jackson  County  in  January,  1841,  by  order 
of  the  county  commissioners.  At  the  October  election  in  1840  the  question 
of  organization  had  been  submitted  to  the  electors  of  the  county  and  ap- 
proved. Many  subsequent  changes  occurred  by  the  division  of  the  nine 
townships  then  organized.  The  township  records  for  fifty-nine  years  kept 
by  the  officers  of  Maquoketa  Township,  Jackson  County,  have  been  pre- 
served.—  Ellis 's  History  of  Jackson  County,  1910,  pp.  57,  610. 

22  Laws  of  the  Territory  of  Iowa,  1841-1842,  pp.  97-103. 

In  the  case  of  the  Township  of  West  Bend  et  al  v.  Munch  et  al  in  1879 
it  was  decided  by  the  Supreme  Court,  Judge  J.  H.  Eothrock  writing  the 
opinion,  that  townships  are  not  "corporations",  that  under  our  system  of 
government  they  are  not  authorized  to  sue  and  be  sued.  In  other  words  the 
township  "is  no  more  than  a  legal  subdivision  of  the  county  for  govern- 
mental purposes".  This  decision  was  founded  upon  sections  3808,  3809, 
3810  and  section  394  of  the  Code  of  1873. —  52  Iowa  132. 

In  a  case  from  Jasper  County  it  was  held  in  1882  that  the  township 
clerk  could  sue  on  the  bond  of  a  road  supervisor,  and  that  in  this  case  the 
name  of  the  clerk  could  be  substituted  for  the  township  as  plaintiff. —  59 
Iowa  376. 

It  was  on  February  8,  1843,  that  the  first  township  organization  was 
completed  in  Dubuque  County.  Ten  townships  were  then  named  and  de- 
scribed in  the  records  of  the  county  commissioners. 

23  Laws  of  the  Territory  of  Iowa,  1845,  p.  27. 

24  Laws  of  the  Territory  of  Iowa,  1845-1846,  p.  76. 

25  Laws  of  Iowa,  1846-1847,  p.  29. 

26  Laws  of  Iowa,  1846-1847,  p.  34. 

The  polls  at  the  first  election  in  this  precinct  were  to  be  opened  by  two 
justices  of  the  peace,  who  were  to  act  as  the  judges  of  the  election. 

27  Laws  of  Iowa,  Extra  Session,  1848,  p.  16.    See  also  Van  der  Zee's  The 
Hollanders  of  Iowa,  p.  212. 

Originally  each  individual  township  in  New  England  was  bounded  and 
incorporated  by  special  acts  of  the  legislature.  Moreover,  this  was  true  in 
the  beginning  in  the  Territory  of  the  Northwest.  See  note  13  above. 

Among  the  officers  named  in  the  records  of  Lake  Prairie  Township  one 
finds  the  "fence  viewer"  and  the  "overseer  of  the  poor"  as  separate  of- 
ficers, which  was  contrary  to  the  law  of  1842  as  amended  in  1845.  This 
election  occurred  in  1848;  but  it  appears  that  the  Hollanders  acted  under 
the  law  of  1842. 

Bremer  County  was  organized  into  townships  in  1847  —  that  is,  into  a 
single  township.  It  was  first  attached  to  Fayette,  then  to  Buchanan,  and 


222  TOWNSHIP  GOVERNMENT  IN  IOWA 

finally  to  Black  Hawk  County.    As  a  county  it  was  organized  after  the  com- 
missioners were  succeeded  by  the  county  judge. 

28  Laws  of  Iowa,  1848-1849,  p.  136. 

w  Records  of  the  County  Commissioners,  Scott  County,  Book  A,  p.  121; 
Book  B,  p.  53.  In  October,  1846,  in  dividing  the  township  of  Allen's  Grove 
the  west  half  became  Liberty  Township.  In  the  same  record,  however, 
"Liberty  precinct"  is  named. —  Records  of  the  County  Commissioners, 
Scott  County,  Book  B,  p.  74. 

The  electors  in  unorganized  counties  were  not  allowed  to  vote  for  county 
or  township  officers  for  the  counties  to  which  they  were  attached. —  Code  of 
1851,  p.  21. 

30  Code  of  1851,  pp.  21,  40. 

The  county  judge  wras  required  to  preserve  plats  of  the  congressional 
townships  in  his  county  so  divided  into  sections  and  quarter  sections  that  he 
might  be  able  to  indicate  by  the  letter  "S",  or  in  some  other  manner,  the 
sales  as  they  occurred  in  accordance  with  reports  from  the  land  office. — 
Code  of  1851,  p.  23. 

si  Laws  of  Iowa,  1852-1853,  p.  23. 

A  precinct  was  formed  in  Village  Township,  Van  Buren  County,  wherein 
the  county  judge  was  authorized  to  appoint  the  judges  and  clerks  of  election 
in  the  beginning.  Thereafter  these  officers  were  to  be  elected  by  the  quali- 
fied voters.  They  were  further  authorized  to  select  one  justice  of  the  peace 
and  one  constable.  For  all  purposes,  however,  other  than  elections,  the 
precinct,  according  to  the  statute,  should  remain  a  part  of  Village  Township. 
—  Laws  of  Iowa,  1852-1853,  p.  128. 

The  general  election  law  of  1858  provided  that  all  township  officers 
should  be  chosen  at  the  October  election. —  Laws  of  Iowa,  1858,  p.  403. 

32  Laws  of  Iowa,  1860,  p.  17. 

as  Revision  of  1860,  p.  359. 

In  forming  new  townships  the  board  of  supervisors  were  required  to 
cause  a  full  description  of  the  same  to  be  preserved  in  the  records  of  the 
county  and  also  in  the  records  of  the  township. —  Revision  of  1860,  p.  74. 

s*  Revision  of  1860,  p.  48. 

The  New  York  law  of  1703  relating  to  supervisors,  which  is  the  funda- 
mental source  of  this  form  of  county  government,  names  as  the  chief 
duties  of  these  officers  "to  compute,  ascertain,  examine,  oversee,  and  allow 
the  contingent,  publick,  and  necessary  charges  of  each  county."  This  ap- 
pears to  be  the  principal  business  of  the  board  of  supervisors  in  Iowa  at 
this  date.  See  Howard's  Local  Constitutional  History  of  the  United 
States,  p.  111. 


NOTES  AND  REFERENCES  223 

A  circular  letter  issued  by  the  board  of  supervisors  of  Jones  County  in 
1861,  the  first  year  of  the  existence  of  such  a  board,  recommended  a  change 
in  the  then  existing  laws  whereby  local  matters,  such  as  township  taxes  and 
some  other  township  affairs,  need  not  come  before  the  supervisors. —  Express 
and  Herald  (Dubuque),  September  6,  1861. 

as  Laws  of  Iowa,  1862,  p.  24. 

Any  owner  of  land  contiguous  to  any  unincorporated  town  was  empow- 
ered to  plat  the  same  and  thereafter  township  and  county  officers  were  re- 
quired to  treat  the  tract  as  part  of  the  original  plat. —  Laws  of  Iowa,  1862, 
p.  32. 

36  Laws  of  Iowa,  1862,  p.  72 ;  Laws  of  the  Territory  of  Wisconsin,  1836- 
1838,  p.  64. 

37  Laws  of  Iowa,   1862,  p.   82.     A  condition  attached  to  the  right  of 
petition   frequently  requires  the  petitioner  to   pay  the   costs  in  instances 
where  the  request  is  not  granted. 

ss  Laws  of  Iowa,  1866,  p.  112;  Code  of  1873,  p.  68;  Laws  of  Iowa,  1892, 
p.  86;  and  Laws  of  Iowa,  1906,  p.  79. 

The  local  board  of  health  must  give  due  notice  of  all  regulations 
adopted  by  publishing  the  same  in  a  newspaper  when  possible,  and  else- 
where by  posting  in  "not  less  than  five  public  places".  The  law  of  1906 
so  modified  the  requirements  as  provided  in  the  Code  Supplement  of  1902 
that  expenses  for  care  in  a  detention  hospital  or  pesthouse  were  not  to  be 
apportioned  among  the  individuals  cared  for  in  the  first  instance,  and  then 
allowed  if  they  were  unable  to  pay;  but  bills  in  such  cases  were  to  be  certi- 
fied to  the  county  board  and  when  paid  a  tax  must  be  levied  in  the  township 
for  one-third  the  expense  as  in  other  cases  under  the  jurisdiction  of  the 
board  of  health.  By  an  amendment  of  1904  townships  were  charged  with 
expenses  incurred  by  the  removal  to  another  township  of  any  person  af- 
fected with  a  contagious  disease,  if  done  with  or  without  the  consent  of  the 
board  of  the  township  to  which  such  an  individual  was  removed. —  Laws  of 
Iowa,  1904,  p.  102. 

39  Laws  of  Iowa,  1868,  p.  54.     The  first  of  these  acts  left  large  oppor- 
tunity for  payments  of  taxes  without  value  received  by  the  resident  tax- 
payers of  the  township. 

40  Laws  of  Iowa  (Public) ,  1872,  pp.  2,  59. 

41  Laws  of  Iowa  (Public),  1872,  p.  86.     Such  a  transfer  must  be  com- 
pleted before  January  1,  1873;  and  no  tax  thus  transferred  should  become 
delinquent  until  the  road  which  was  to  receive  it  was  completed  and  ll  run- 
ning to  the  township  voting  the  tax". 

«  Laws  of  Iowa  (Private),  1874,  p.  40.    Where  taxes  had  been  paid  into 


224  TOWNSHIP  GOVERNMENT  IN  IOWA 

the  county  treasury  under  the  provisions  of  a  railroad  tax  levy,  and  there- 
after forfeited,  the  amount  must  be  "refunded  to  the  parties  entitled 
thereto". 

43  Laws  of  Iowa,  1876,  p.  110. 

44  Laws  of  Iowa,  1878,  p.  80. 

45  Laws  of  Iowa,  1878,  p.  141. 

46  Laws  of  Iowa,  1880,  p.  187. 

47  Laws  of  Iowa,  1884,  p.  164;  Code  of  1897,  p.  737;  Laws  of  Iowa,  1902, 
p.  53. 

By  the  law  of  1884,  the  taxpayer  was  permitted  to  contract  with  any 
company  so  aided  to  pay  "in  labor  upon  the  line  of  said  railroad  or  in 
material  for  its  construction",  or  other  manner,  which  might  comply  with 
the  terms  "stipulated  in  the  notices  of  the  election".  Laborers  were  en- 
titled to  a  lien  upon  the  township  tax  for  payment. 

48  Laws  of  Iowa,  1882,  p.  63. 

49  Laws  of  Iowa,  1896,  p.  34. 

The  law  provided  that  a  copy  of  section  five  which  relates  to  the  author- 
ity of  the  clerk  as  custodian  and  his  police  powers,  should  be  kept  posted  in 
the  building  at  all  times.  Citizens  of  the  township  were  entitled  to  the  use 
of  the  hall  "for  all  lawful  purposes".  Funds  raised  for  a  township  hall 
and  not  used  for  such  purposes  on  petition  of  a  majority  of  the  voters  may 
be  transferred  to  the  township  road  fund. —  Laws  of  Iowa,  1906,  p.  14. 

so  Laws  of  Iowa,  1906,  p.  12 ;  Laws  of  Iowa,  1907,  p.  13.  This  law  has 
been  put  into  effect  to  great  advantage  in  Center  Township,  Cedar  County, 
and  also  in  West  Lucas  Township,  Johnson  County. 

An  amendment  enacted  in  1913  provides  for  a  petition  by  a  majority  of 
the  resident  taxpayers  which  will  compel  the  trustees  to  act  in  such  in- 
stances. A  contract  may  be  terminated,  however,  by  a  majority  vote  of  the 
township  electors. —  Laws  of  Iowa,  1913,  p.  59. 

si  Laws  of  Iowa,  1906,  p.  14. 

52  Laws  of  Iowa,  1868,  p.  242. 

53  Lows  of  Iowa,  1870,  p.  221;  Code  of  1873,  p.  106. 

In  the  case  of  special  elections  a  meeting  of  the  registry  board  was  re- 
quired to  correct  the  lists.  In  1886  townships  lying  outside  of  incorporated 
towns  became  separate  precincts  and  the  act  practically  repeals  a  portion  of 
the  statute  relating  to  the  registry  of  voters  in  townships. —  Laws  of  Iowa, 
1886,  p.  187. 

54  Laws  of  Iowa,  1878,  p.  63. 


NOTES  AND  REFERENCES  225 

Trustees  were  required  to  be  elected  for  three  years  in  1878.  The  can- 
vassers were  to  determine  by  lot  who  should  serve  one,  two,  or  three  years, 
and  thereafter  one  should  be  chosen  annually. —  Laws  of  Iowa,  1878,  p.  11. 

ss  Laws  of  Iowa,  1906,  p.  28.  It  was  necessary  to  provide  by  statute  for 
all  officers  whose  terms  did  not  correspond  with  the  biennial  election  period. 
The  terms  of  the  clerk,  assessor,  and  road  supervisors  were  extended  to  two 
years  in  1880. —  Laws  of  Iowa,  1880,  p.  155. 

56  Laws  of  Iowa,  1907,  p.  49. 

57  Laws  of  Iowa,  1870,  p.  94.    For  a  discussion  of  this  board  see  Brind- 
ley's  History  of  Taxation  in  Iowa,  Vol.  I,  p.  71. 

ss  Laws  of  Iowa,  1880,  p.  102.  Appeals  from  the  decision  of  this  board 
were  permitted  if  made  within  sixty  days  after  the  adjournment  of  the 
board  but  not  later. 

59  Laws  of  Iowa  (Public),  1872,  p.  60.     See  also  The  Iowa  Journal  of 
History  and  Politics,  Vol.  IX,  p.  172. 

The  records  of  Johnson  County  furnish  proceedings  illustrative  of  the 
application  of  this  law,  in  the  year  following  its  enactment. —  Minutes  of 
the  County  Supervisors,  Book  III,  pp.  158,  159. 

60  Laws  of  Iowa,  1884,  p.  108. 

61  Laws  of  Iowa,  1886,  p.  50.    It  appears  that  a  way  of  escape  from  an 
unsatisfactory  organization  or  combination  must  be  provided  in  every  law. 

62  Laws  of  Iowa,  1892,  p.  23.     This  movement  toward  consolidation  is 
suggestive  of  economy  in  administration. 

63  Laivs  of  Iowa,  1890,  p.  40.     This  act  became  necessary  to  complete 
another  found  in  Chapter  I,  of  the  Laws  of  the  Twenty-third  General  Assem- 
bly.    It  related  to  one  city  only,  Des  Moines,  which  in  1885  had  somewhat 
more  than  30,000  population. 

e*  Laws  of  Iowa  (Public),  1872,  p.  127;  also  Code  of  1897,  p.  260. 

From  the  beginning  of  civil  township  organization  in  the  Territory  of  the 
Northwest  the  tendency  has  been  wherever  possible  to  retain  the  congres- 
sional township  boundaries. 

MLaws  of  Iowa  (Public),  1872,  p.  129.  This  illustrates,  also,  the  re- 
adjustment of  civil  township  boundaries  to  secure  identity  with  the  district- 
township  organization. 

wLaws  of  Iowa  (Public),  1872,  p.  19. 

67  Laws  of  Iowa,  1876,  p.  120;  Code  of  1897,  p.  265;  Laws  of  Iowa,  1902, 
p.  15. 

15 


226  TOWNSHIP  GOVERNMENT  IN  IOWA 

es  Chase 's  Statutes  of  Ohio,  Vol.  I,  pp.  345,  346. 

69  Chase 's  Statutes  of  Ohio,  Vol.  I,  p.  533. 

70  Chase's  Statutes  of  Ohio,  Vol.  I,  p.  665;  Vol.  Ill,  p.  1530. 

71  Chase 's  Statutes  of  Ohio,  Vol.  II,  p.  1452.    See  section  nine  of  this  act, 
and   also   section  eleven  which  states   that   "whenever   number  sixteen  or 
twenty-nine  shall  be  in  a  township  where  there  are  not  twenty  electors,  the 
trustees  of  the  civil  township  in  which  surveyed  townships  may  be  situate, 
may  lease  the  said  section  or  sections";  and  they  were  authorized  also  to 
apply  the  rents  in  accordance  with  the  law. 

72  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  317;  Vol.  Ill,  p.  1038. 
See  also  Laws  of  the  Territories  of  Michigan  and  Wisconsin,  1834-1836,  p.  8, 
and  Appendix,  p.  1. 

In  towns  (villages)  that  wished  to  become  incorporated,  in  Wisconsin 
Territory,  five  trustees  were  permitted. —  Laws  of  the  Territory  of  Wiscon- 
sin, 1836-1838,  p.  66. 

Trustees  for  the  school  lands  were  also  provided  for  in  Michigan. —  Laws 
of  the  Territory  of  Michigan,  Vol.  II,  p.  695. 

The  Board  of  Trustees  of  the  town  of  Burlington,  Wisconsin  Territory, 
"agreeably  to  an  act  of  the  Wisconsin  legislature  approved  December  6, 
1836",  met  at  the  office  of  David  Eorer  on  April  29,  1837.  The  five  trustees 
for  which  the  law  provided  included  George  H.  Beeler,  Enoch  Wade,  George 
W.  Kelley,  Amos  Ladd,  and  David  Eorer. —  Records  of  the  Trustees,  in  the 
office  of  the  City  Clerk,  Burlington,  Iowa. 

73  Laws  of  Ohio,  Third  General  Assembly,  1804-1805,  p.  365. 

74  Laws  of  the  Territory  of  Iowa,  1839-1840,  pp.  48,  52. 

75  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  100. 

76  Laws  of  the  Territory  of  Iowa,  1845,  p.  27. 

77  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  52;  Laws  of  Iowa,  1868, 
p.  242;  Laws  of  Iowa  (Public),  1872,  p.  126.     The  trustees  must  order  a 
new  election,  however,  in  all  other  instances  of  error  in  elections. 

The  trustees  as  judges  of  election  would  select  from  the  voters  in  their 
township  their  apportionment  of  "good  judicious  persons"  to  be  returned 
as  jurors. —  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  45. 

78  Laws  of  Iowa,  1878,  p.  11. 
7»  Laws  of  Iowa,  1906,  p.  28. 

so  Laws  of  Iowa,  1878,  p.  63.  In  townships  in  which  no  incorporated  city 
or  town  was  situated,  an  act  of  1878  authorized  the  trustees  on  petition  of 
any  five  inhabitants  to  appoint  one  or  more  inspectors  of  petroleum  products, 
and  to  fix  their  compensation. —  Laws  of  Iowa,  1878,  p.  160. 


NOTES  AND  REFERENCES  227 

si  Laws  of  Iowa,  1892,  p.  55.  Whenever  a  change  was  made  from  the 
usual  place  of  holding  the  elections  in  the  township,  the  act  required  the 
trustees  to  publish  for  ten  days  a  notice  to  that  effect. 

82  Laws  of  Iowa,  1870,  p.  94.  For  a  discussion  of  this  board  see  Brind- 
ley's  History  of  Taxation  in  Iowa,  Vol.  II,  p.  181. 

ss  Laws  of  Iowa,  1876,  p.  120 ;  Laws  of  Iowa,  1896,  pp.  34,  35. 

Individuals  owning  cemetery  plats  were  permitted  under  this  act  to 
survey,  to  plat,  and  to  record  lots  in  the  township  records  as  well  as  in  the 
office  of  the  county  recorder. 

84  Laws  of  Iowa,  1906,  p.  12;  Laws  of  Iowa,  1907,  p.  13. 

As  the  law  now  reads  it  appears  to  be  no  longer  necessary  for  the  persons 
interested  to  canvass  the  township  to  secure  petitioners.  A  majority  of  the 
trustees  ' '  may ' '  levy  a  library  tax. 

The  trustees  may  not  become  parties  interested  in  contracts  with  their 
township. —  Laws  of  Iowa,  1898,  p.  IS. 

ss  Laws  of  Iowa,  1852-1853,  pp.  79-83. 

se  Laws  of  Iowa,  1858,  pp.  331,  334,  335,  339. 

87  Laws  of  Iowa,  1862,  p.  192 ;  Laws  of  Iowa,  1868,  p.  138.  These  laws 
illustrate  the  increasing  powers  given  to  the  trustees  with  reference  to  se- 
curing adequate  equipment  with  which  to  keep  the  roads  in  repair. 

ss  Laws  of  Iowa,  1884,  pp.  218,  219.  It  is  quite  certain  that  this  law 
giving  such  power  to  the  trustees  was  enacted  in  response  to  a  recommenda- 
tion of  Governor  Buren  E.  Sherman. 

89  Laws  of  Iowa,  1902,  pp.  31,  32 ;  Laws  of  Iowa,  1904,  p.  77. 

»o  Laws  of  Iowa,  1906,  pp.  14,  40,  41. 

It  was  provided  by  the  Thirty-fifth  General  Assembly  that  before  begin- 
ning any  general  work  upon  the  township  road  system  the  trustees  must 
make  application  to  the  board  of  supervisors  who  should  furnish  an  engineer 
to  lay  off  such  roads  according  to  a  specified  plan,  and  all  work  should  be 
done  as  established. —  Laws  of  Iowa,  1913,  p.  115. 

91  Laws  of  Iowa,  1911,  pp.  18,  19,  65,  66.  By  means  of  a  diagram  illus- 
trating the  thirty-six  sections  of  a  congressional  township  one  may  locate  the 
districts  as  designated  in  this  act.  The  road  on  the  north  side  of  section  one 
is  "one,  north";  on  the  south  side  of  section  one,  "one,  south' ';  on  the 
east  line  of  section  one,  "one,  east";  and  on  the  west  side  of  section  one, 
"one,  west".  Should  a  "meandering"  road  be  found  it  would  take  the 
number  of  the  section  through  which  it  passed. 

By  an  act  approved  on  April  22,  1913,  all  road  districts  were  consol- 
idated and  all  road  funds  were  once  more  made  a  general  township  road 


228  TOWNSHIP  GOVERNMENT  IN  IOWA 

fund.  After  February  1,  1914,  all  district  road  superintendents  should  go 
out  of  office  and  the  trustees  should  employ  a  superintendent  for  the  entire 
township. —  Laws  of  Iowa,  1913,  p.  118. 

92  Laws  of  Iowa,  1894,  p.  91.    According  to  the  act  it  is  the  duty  of  all 
persons  to  inform  the  chairman  of  the  board  of  trustees  of  the  existence  of 
the  Eussian  thistle.    See  also  Laws  of  Iowa,  1913,  pp.  122-125. 

93  Laws  of  Iowa,  1909,  pp.  87,  '88.     Trustees  may  order  hedges  along 
highways  trimmed  when  they  deem  it  necessary,  provided  such  hedges  are 
not  retained  for  protection.     Originally  trimming  was  required  every  two 
years,  but  an  amendment  in  1900  determines  it  as  above. —  Laws  of  Iowa, 
1900,  p.  38. 

94  Laws  of  Iowa,  1862,  p.  69. 

95  Laws  of  Iowa,  1870,  p.  198.     What  the  causes  were  that  led  to  the 
substitution  of  the  trustees  for  the  jury  provided  for  in  1862  are  not  sug- 
gested in  the  act.     Was  the  jury  more  expensive?     Was  it  less  prompt  in 
action  ?    Or  was  it  due  to  the  tendency  to  combine  official  duties  ? 

96  Laws  of  Iowa,  1888,  p.  132. 

97  Laws  of  Iowa,  1904,  pp.  67,  74.     The  establishment  of  drainage  dis- 
tricts and  the  regulation  and  control  of  the  same  are  largely  county  func- 
tions, leaving  little  for  the  township  trustees  to  adjust  where  such  areas  exist. 

98  Laws  of  Iowa,  1906,  p.  54;  Laws  of  Iowa,  1909,  p.  113. 

99  Laws  of  Iowa,  1868,  p.  54;  Laws  of  Iowa  (Public),  1872,  p.  86;  Laws 
of  Iowa,  1876,  pp.  108,  112;  Code  of  1897,  p.  747. 

100  Laws  of  Iowa,  1846-1847,  pp.  129,  130,  160;  Laws  of  Iowa,  1858, 
pp.  393,  396.    The  provisions  of  these  acts  were  applied  almost  immediately, 
according  to  the  record  of  the  school  fund  commissioner  of  Johnson  County. 
He  recorded  on  May  18,  1848,  the  following: 

"On  the  6th  of  May  1848,  the  Trustees  of  Iowa  City  Township  returned 
to  my  office  an  assessment  &  allotment  with  a  plat  of  Section  Sixteen  in 
Township  No.  79,  North  of  Eange  No.  6  West  of  5th  Principal  Meridian,  as 
follows": 

Here  a  plat  of  the  section  appears  in  the  record,  and  it  is  certified  to  as 
having  been  made  on  February  12,  1848,  by  the  trustees,  J.  H.  Stover,  B.  P. 
Moore,  and  Martin  M.  Montgomery. 

According  to  the  record  of  the  fund  commissioner,  this  entire  proceeding 
would  be  found  also,  in  the  records  of  the  township.  On  page  three  this  is 
written:  "Kecorded  on  the  Township  Book,  page  45.  Peter  Ewing,  T. 
Clerk". 


NOTES  AND  REFERENCES  229 

On  May  19th  the  plat  of  section  sixteen  in  township  eighty  north,  range 
six  west,  was  filed  for  record  and  the  township  clerk  certified  to  it  as  fol- 
lows: 

"I  hereby  certify  that  on  the  third  day  of  May  A  D  one  thousand 
eight  hundred  and  forty  eight  that  David  Crosier,  Chauncy  E  Ward,  and 
John  W  Alt,  Trustees  in  and  for  the  Township  of  Penn  in  the  County  of 
Johnson  and  State  of  Iowa,  did  subdivide,  number  and  appraise  the  west 
fractional  part  of  Section  16  in  T.  80  E  6  as  is  laid  down  in  the  above  plat 
—  Number  of  Acres  in  the  N.  W.  corner  of  each  lot  —  Minimum  price  in  the 
N.  E.  corner  —  Number  of  [parcel]  near  the  center,  and  likewise  ordered 
the  same  to  be  returned  to  the  Fund  Commissioner  of  Johnson  County  to  be 
offered  for  sale.  It  is  also  ordered  that  Lots  14  and  15  be  attached  to- 
gether, and  in  one  sale.  .  .  .  J.  Lyman  Frost,  Township  Clerk. ' ' 

It  should  be  observed  that  in  these  records  where  the  civil  township 
included  more  than  one  congressional  township  the  trustees  were  required  to 
appraise  and  return,  as  described,  all  the  school  lands  lying  within  their 
jurisdiction.  Moreover,  this  work  was  not  completed  in  Johnson  County 
until  1856,  since  the  last  record,  being  a  re-appraisement  for  which  the  law 
then  provided,  was  recorded  on  February  13,  1858,  as  certified  to  by  Eli  W. 
Manville,  Edward  Tudor,  and  John  W.  Britton,  trustees  of  Union  Township, 
Johnson  County,  Iowa. —  Eecord  of  the  School  Fund  Commissioner,  Johnson 
County,  Iowa,  pp.  1,  2,  3,  9,  484. 

101  Laws  of  Iowa,  1858,  p.  58 ;  Eevision  of  1860,  p.  359. 

The  directors  in  the  district  township  already  organized  continued  to  act 
for  the  new  township  and  all  districts  until  the  next  election. 

102  Laws  of  Iowa,  1862,  pp.  204,  221. 

103  Laws  of  Iowa,  1868,  p.  32. 

104  Laws  of  Iowa,  1866,  p.  112. 

105  Laws  of  Iowa,  1884,  p.  203. 

loe  Laws  of  Iowa,  1909,  pp.  152,  153. 

As  a  board  of  health  the  trustees  may  command  the  services  of  the  con- 
stable and  enforce  such  regulations  as  are  in  harmony  with  the  laws  and 
prescribed  rules  of  the  State  board. 

ior  Laws  of  Iowa,  1866,  p.  148;  Laws  of  Iowa,  1868,  p.  177;  Laws  of 
Iowa,  1870,  p.  48.  It  is  not  often  that  all  offices  in  the  township  become 
vacant,  so  that  the  county  auditor  would  need  to  fill  them  by  appointment. 

los  Laws  of  Iowa,  1868,  p.  203 ;  Laws  of  Iowa,  1870,  p.  24. 
A  lawful  fence  in  1844  might  be  a  "worm  fence,  composed  of  strong 
and  sufficient  rails,  with  stakes  and  riders,  closely  put  up  and  in  good 


230  TOWNSHIP  GOVERNMENT  IN  IOWA 

repair,  five  feet  high;  a  post  and  rail,  or  post  and  paling,  or  post  and  board 
fence,  well  built  and  in  good  repair,  four  and  a  half  feet  high;  and  any 
other  fences  or  obstacles,  whether  artificial  or  natural,  which  shall,  in  the 
opinion  of  the  fence  viewers  of  the  township  or  precinct,  be  considered 
equivalent  to  any  of  those  above  described". —  Laws  of  Iowa,  1843-1843, 
p.  21. 

The  latest  act  defines  a  fence  in  terms  of  rails,  boards,  wire,  either 
smooth,  barbed,  woven,  or  combined.  In  disputes  the  trustees  must  decide 
when  such  ''lawful"  fences  have  been  maintained. —  Laws  of  Iowa,  1909,  p. 
135. 

If  a  fence  upon  a  township  line  is  in  dispute  the  trustees  from  both 
townships  are  concerned.  From  the  township  where  the  applicant  resides, 
the  clerk  selects  two  referees,  from  the  other  township  the  clerk  selects  one, 
and  these  three  determine  the  matter  as  in  other  cases. —  Code  of  1897,  pp. 
814,  815. 

109  Laws  of  Iowa,  1876,  p.  108 ;  Laws  of  Iowa,  1884,  p.  122. 

It  is  understood,  however,  from  the  decision  of  the  Supreme  Court  of 
Iowa  that  a  township  is  not  a  body  ' '  corporate  and  politic ' '. —  See  note  22 
above. 

no  Code  of  1851,  p.  347;  Laws  of  Iowa,  1870,  pp.  24,  200;  Code  of  1873, 
p.  591;  Laws  of  Iowa,  1876,  p.  29;  Laws  of  Iowa,  1884,  p.  219;  Code  of 
1897,  p.  266;  Laws  of  Iowa,  1909,  p.  34. 

in  Shambaugh  's  Documentary  Material  Relating  to  the  History  of  Iowa, 
Vol.  II,  p.  16. 

112  Chase's  Statutes  of  Ohio,  Vol.  I,  pp.  397,  398. 
us  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  317. 
ii4  Laws  of  the  Territory  of  Michigan,  Vol.  II,  pp.  328,  329. 
us  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  848. 

lie  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  545. 

It  has  been  stated  that  among  the  duties  of  the  township  clerk  was  the 
recording  of  "marks  and  brands"  of  domestic  animals  owned  in  his  town- 
ship. When  the  functions  of  the  township  clerk  were  assigned  to  the  clerk 
of  the  board  of  county  commissioners,  if  he  performed  them  fully,  such 
records  would  appear  upon  the  minute  books  of  the  county  commissioners. 
Several  pages  of  such  descriptive  "marks  and  brands"  do  appear  upon  the 
records  of  the  clerk  of  the  board  of  county  commissioners  in  Johnson  County, 
Iowa  —  for  instance,  Jesse  Berry  claimed  as  a  mark  l '  a  square  crop  off  of 
each  Ear ' '.  David  Switzer  claimed,  to  the  exclusion  of  all  others,  ' '  a  square 
crop  off  the  left  Ear  and  two  slits  in  the  same  Ear". —  Eecords  of  the 
County  Commissioners,  Johnson  County,  Iowa,  Vol.  II,  pp.  75,  76,  77. 


NOTES  AND  REFERENCES  231 

117  Laws  of  the  Territory  of  Iowa,  1839-1840,  pp.  48,  49. 

us  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  100.  The  township  trus- 
tees might  levy  a  tax  for  poor  relief  without  a  vote  of  the  township. 

n»  Laws  of  the  Territory  of  Iowa,  1845  (Extra  Session),  p.  27. 

120  Code  of  1851,  pp.  41,  55.     In  the  case  of  a  tie  vote  for  a  township 
office  the  parties  were  required  to  appear  before  the  clerk,  who  with  one 
trustee  should  supervise  the  drawing  of  lots  to  decide  the  matter. 

121  Laws  of  Iowa,  1862,  p.  98. 

4 

122  Laws  of  Iowa,  1868,  p.  242. 

An  act  of  1872  providing  for  the  return  of  poll  books  required  the  trus- 
tees or  clerk  to  deliver  the  original  copy  to  the  county  auditor  within  two 
days  from  the  time  of  the  election. —  Laws  of  Iowa  (Public),  1872,  p.  77. 

123  Revision  of  1842-1843,  p.  246;  Code  of  1873,  p.  107;  Code  of  1897, 
p.  409. 

124  Laws  of  Iowa,  1852-1853,  pp.  80,  81. 

125  Laws  of  Iowa,  1858,  pp.  332,  334,  337,  339,  340. 

126  Laws  of  Iowa,  1858,  p.  337;  Laws  of  Iowa,  1868,  p.  102. 

The  clerk  had  little  discretion  under  the  provisions  of  the  law  relating  to 
the  making  of  the  tax  list  for  the  road  supervisor.  Such  details  are  pre- 
scribed that,  if  followed,  these  lists  would  be  exactly  alike  in  form. —  See 
Code  of  1873,  p.  169. 

From  the  passage  of  the  first  law  requiring  the  report  of  delinquent  road 
taxes  on  non-resident  lands  until  1861  the  township  clerk  was  responsible  to 
the  county  judge;  then  to  the  clerk  of  the  board  of  supervisors,  which  the 
county  clerk  became  after  January  1,  1861 ;  and  finally  to  the  county  auditor 
when  that  office  was  created  in  1868. 

127  Laws  of  Iowa,  1884,  p.  219. 

128  Laws  of  Iowa,  1902,  p.  31. 

129  Laws  of  Iowa,  1909,  p.  91. 
iso  Laws  of  Iowa,  1911,  p.  68. 

131  Code  of  Iowa,  1851,  p.  144;  Revision  of  1860,  p.  258;  Code  of  1873, 
p.  271;  Code  of  1897,  p.  807.    Local  laws  were  formerly  distributed  by  and 
returned  to  the  township  clerk;  and  such  property  was  in  his  care  when  not 
in  use.     Later  he  was  authorized  to  receive  a  copy  of  the  Code  from  the 
county  auditor. —  Laws  of  Iowa,  1870,  p.  88 ;  Laws  of  Iowa,  1874,  p.  12. 

132  Laws  of  Iowa,  1870,  p.  25;  Code  of  1873,  p.  267. 


232  TOWNSHIP  GOVERNMENT  IN  IOWA 

iss  Code  of  1851,  p.  141;  Code  of  1897,  pp.  814,  815. 

is*  Code  of  1873,  p.  222;  Laws  of  Iowa,  1884,  pp.  200-202;  Code  of  1897, 
p.  678. 

The  law  of  1888  did  not  change  the  duties  of  the  clerk  in  such  cases  of 
appeal. —  Laws  of  Iowa,  1888,  p.  134. 

iss  Laws  of  Iowa,  1909,  pp.  108,  113. 

138  Laws  of  Iowa,  1858,  p.  332. 

i3T  Laws  of  Iowa,  1866,  p.  148. 

A  statute  of  1870  reads: 

"In  township  offices  by  the  trustees;  but  where  the  offices  of  the  three 
trustees  are  vacant  the  clerk  shall  appoint,  and,  if  the  offices  of  the  three 
trustees  and  the  clerk  are  all  vacant,  then  the  county  auditor  shall  appoint. ' ' 
—  Laws  of  Iowa,  1870,  p.  48. 

The  resignation  of  all  township  officers  is  filed  with  the  county  auditor. 

iss  Laws  of  Iowa,  1876,  pp.  41,  120. 

No  statute  appears  to  define  clearly  when  the  clerk  began  to  act  as  town- 
ship treasurer.  The  Code  of  1851  does  not  provide  for  a  treasurer;  and  the 
early  legislation  relating  to  roads  and  highways  places  all  funds  under  the 
direction  of  the  clerk. 

139  Laws  of  Iowa,  1894,  p.  66 ;  Laws  of  Iowa,  1896,  p.  33 ;  Code  of  1897, 
p.  859. 

1*0  Laws  of  Iowa,  1900,  p.  9. 

141  Laws  of  Iowa,  1839-1840,  pp.  108,  109. 

142  Laws  of  Iowa,  1846-1847,  pp.  128,  129. 

143  Laws  of  Iowa,  1848-1849,  p.  101.    The  duties  relative  to  schools  here- 
tofore performed  by  the  township  clerk  were  now  assigned  to  the  clerk  of  tKe 
school  district. 

144  Revision  of  1860,  pp.  361,  362,  367,  370.    In  townships  where  it  might 
be  incompatible  with  the  provisions  of  the  laws  for  the  township  clerk  to  act 
as  secretary,  the  school  board  was  authorized  to  appoint  one  from  the  district 
at  large. —  Revision  of  1860,  p.  370. 

145  Laws  of  Iowa,  1862,  p.  208.    The  board  of  directors  was  required  to 
elect  a  secretary  from  the  township  at  large  unless  there  were  at  least  five 
sub-directors.    In  that  event  all  the  officers  might  be  selected  from  the  mem- 
bership. 

146  Laws  of  Iowa,  1866,  p.  113;  Laws  of  Iowa,  1880,  p.  145;  Laws  of 
Iowa,  1892,  p.  86.    With  reference  to  the  clerk  the  last  act  cited  reads :  ' ( the 
clerk  of  the  district  township ' '. 


NOTES  AND  REFERENCES  233 

147  Laws  of  Iowa,  1904,  pp.  103,  104. 
1*8  Laws  of  Iowa,  1896,  pp.  34,  35. 
149  Laws  of  Iowa,  1911,  p.  141. 

iso  Laws  of  Iowa,  1846-1847,  p.  130;  Code  of  1851,  p.  347;  Laws  of  Iowa, 
1858,  pp.  339,  340;  Revision  of  1860,  p.  145;  Laws  of  Iowa,  1862,  p.  99; 
Code  of  1873,  p.  592;  Laws  of  Iowa,  1876,  p.  50;  Code  of  1897,  pp.  266,  267, 
570,  572,  815;  Laws  of  Iowa,  1906,  p.  39;  Laws  of  Iowa,  1907,  p.  19;  Laws 
of  Iowa,  1909,  pp.  34,  64. 

isi  Chase's  Statutes  of  Ohio,  Vol.  I,  p.  169.  This  was  a  law  adopted 
from  the  statutes  of  Pennsylvania. 

The  assessors  of  the  several  townships  or  a  majority  of  them,  acting  in 
conjunction  with  three  commissioners  appointed  by  the  county  court,  were 
empowered  to  determine  the  necessary  levy  and  assess  the  tax  when  the 
property  had  been  listed  by  the  constable  of  the  township  and  the  list  re- 
turned to  them. —  Chase 's  Statutes  of  Ohio,  Vol.  I,  p.  170. 

152  Chase's  Statutes  of  Ohio,  Vol.  I,  p.  345. 
iss  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  317. 
is*  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1150. 
155  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  64. 

iss  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  385.  An  order  of 
the  county  commissioners  of  Cedar  County  in  April,  1838,  made  under  this 
statute,  reads  as  follows: 

"You  are  hereby  commanded  by  the  authority  of  the  Board  of  Commis- 
sioners to  take  an  assessment  of  all  property  in  this  county,  and  in  all  the 
counties  attached  to  this  for  judicial  purposes,  on  the  ad  valorem  system, 
naming  the  different  kinds  of  property  possessed  by  the  individual ' '. 

The  property  is  here  enumerated,  and  the  assessor  is  further  commanded 
"to  make  due  return  thereon  on  or  before  the  Thursday  next  preceding  the 
fourth  Monday  of  next  May,  to  the  Commissioners  in  the  County." — Aur- 
ner's  A  Topical  History  of  Cedar  County,  Iowa,  1910,  p.  54. 

157  See  Eecord  of  Supervisors,  Lee  County,  Session  of  April,  1837,  Book 
I,  in  the  office  of  the  County  Auditor,  Fort  Madison,  Iowa. 

iss  See  Eecord  of  Supervisors  [Commissioners],  Lee  County,  Session  of 
September,  1838,  Book  I,  in  the  office  of  County  Auditor,  Fort  Madison, 
Iowa. 

159  See  Records  of  County  Commissioners,  Scott  County,  Session  of  May  3. 
1838,  Book  A,  in  the  office  of  County  Auditor,  Davenport,  Iowa.  This  session 
was  held  in  Rockingham,  then  the  seat  of  justice  for  Scott  County. 


234  TOWNSHIP  GOVERNMENT  IN  IOWA 

At  the  July,  1838,  session  of  the  board  Ira  Cook  presented  his  assessment 
roll  for  Scott  and  Clinton  counties. 

160  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  401. 

lei  Revised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  p.  546.  Section 
7  of  this  act  appears  to  prepare  the  way  for  an  easy  adjustment  of  real 
estate  values  by  the  township  assessor.  The  reference  to  town  lots  is  sug- 
gestive of  the  numerous  plats  of  prospective  towns  that  never  materialized. 

162  Laws  of  the  Territory  of  Iowa,  1843-1844,  pp.  28,  32. 

163  Laws  of  the  Territory  of  Iowa,  1844-1845,  p.  22. 

164  Laws  of  Iowa,  1846-1847,  p.  136.    The  county  assessor  was  permitted 
to  appoint  a  deputy  for  whose  acts  he  was  held  responsible. 

165  Laws  of  Iowa,  1852-1853,  p.  122. 

In  his  second  biennial  message  (1854)  Governor  Hempstead  referred  to 
the  change  from  the  county  to  the  township  assessor  as  follows: 

' '  This  system,  as  I  have  been  informed,  has  proven  much  more  expensive 
than  the  former  one,  and  leads  to  error  and  inequalities  which  have  been 
injurious  to  the  public  revenue,  and  unjust  to  individuals." — Shambaugh's 
Messages  and  Proclamations  of  the  Governors  of  Iowa,  Vol.  I,  p.  451. 

Governor  Grimes  in  his  first  biennial  message  (1856)  said: 

"Many  townships  and  some  counties  are  returned  without  any  statistics, 
save  those  in  relation  to  population.  Such  will  always  be  the  case  so  long  as 
the  census  shall  be  taken  by  township  assessors,  instead  of  being  taken  by 
marshals,  to  be  appointed  by  the  Census  Board. ' ' —  Shambaugh  's  Messages 
and  Proclamations  of  the  Governors  of  Iowa,  Vol.  II,  p.  23. 

166  Laws  of  Iowa,  1856-1857,  p.  193.    The  county  judge  came  into  office 
in  August,  1851,  and  was  superseded  by  the  county  supervisors  on  January  1, 
1861. 

167  Laws  of  Iowa,  1858,  pp.  311-315. 

After  the  passage  of  the  law  of  1858  Governor  Grimes  in  his  second  bi- 
ennial message  declared: 

* '  It  is  much  doubted  whether  the  law  of  last  session,  substituting  county 
for  township  assessor,  was  any  improvement  upon  the  former  method  of 
assessment.  Judging  from  my  own  observation,  I  do  not  hesitate  to  conclude, 
that  many  millions  of  dollars  worth  of  property  was  overlooked  at  the  last 
assessment,  and  is  this  year  untaxed.  I  recommend  the  old  law,  in  this 
particular,  to  be  restored.  Sound  policy  requires  that  administration  as  well 
as  legislation  should  be  brought  as  directly  home  to  the  people  as  possible. ' ; 
—  Shambaugh 's  Messages  and  Proclamations  of  the  Governors  of  Iowa,  Vol. 
II,  pp.  43,  44. 


NOTES  AND  REFERENCES  235 

168  Laws  of  Iowa,  1843-1844,  p.  48. 

Again,  in  1846,  the  county  assessor  was  required  to  prepare  a  census  of 
his  own  county  and  of  unorganized  adjoining  counties.  A  complete  census 
of  that  year  for  Johnson  County,  showing  the  heads  of  families,  the  number 
of  members  of  such  families,  male  and  female,  over  twenty-one  years  and 
under  twenty-one  years,  as  well  as  the  totals,  is  available.  Moreover,  the 
population  of  the  county  outside  of  Iowa  City  and  of  the  city  itself  is  listed 
separately.  Here,  then,  are  found  the  names  of  all  males  not  subordinate  to 
the  head  of  a  family.  —  See  Census  of  1846,  in  the  office  of  the  County 
Auditor,  Iowa  City,  Iowa. 


of  Iowa,  1858,  p.  261.  If  the  assessor  failed  to  perform  the 
duty  required  by  this  act,  no  penalty  was  provided;  but  the  county  court 
(the  county  judge)  was  authorized  to  appoint  some  suitable  person  to  take 
the  census  at  the  expense  of  the  county. 

170  Laws  of  Iowa,  1S61  (Extra  Session),  p.  21. 

171  Laws  of  Iowa,  1864,  p.  99. 

The  office  of  county  auditor  was  created  by  an  act  approved  on  April  7, 
1868. 

172  Laws  of  Iowa,  1866,  p.  85.    A  home  for  soldiers  '  orphans  was  provided 
for  by  this  act. 

173  Laws  of  Iowa,  1884,  p.  172.     This  information  was  desirable  in  the 
preparation  of  a  roster  of  Iowa  soldiers  and  sailors. 

It  was  at  this  time  that  the  assessor  was  required  to  list  dogs,  without 
attempting  a  valuation.  —  Laws  of  Iowa,  1884,  p.  77. 

174  Laws  of  Iowa,  1911,  p.  44.    The  attempt  to  preserve  a  record  of  vital 
statistics  required  the  assessor  to  report  all  births  and  deaths  within  his 
township  to  the  clerk  of  the  district  court.  —  Code  of  1897,  p.  889;  Laws  of 
Iowa,  1906,  p.  77  ;  Laws  of  Iowa,  1907,  p.  134. 

175  Laws  of  Iowa,  1868,  p.  242.    The  boards  of  registry  were  composed  of 
officers  having  independent  duties,  meeting  for  that  purpose  in  townships  or 
towns. 

176  Laws  of  Iowa,  1909,  p.  79.    Formerly  the  information  required  in  this 
act  was  obtainable  through  private  means  or  was  requested  from  officers  who 
were  not  directly  concerned. 

177  Laws  of  Iowa,  1862,  p.  224.    The  assessor  was  instructed  to  note  the 
road  district  and  subdistrict  in  which  "each  piece  or  parcel"  of  property 
was  situated. 

178  Laws  of  Iowa  (Public)  ,  1872,  p.  75. 


236  TOWNSHIP  GOVERNMENT  IN  IOWA 

179  Laws  of  Iowa,  1876,  p.  4.  See  also  Laws  of  Iowa,  1880,  p.  195;  and 
Laws  of  Iowa,  1884,  p.  83. 

iso  Laws  of  Iowa,  1882,  p.  105. 
isi  Laws  of  Iowa,  1866,  p.  55. 

182  Laws  of  Iowa  (Public),  1872,  pp.  48,  49. 

No  description  of  tracts  of  less  than  forty  acres  would  be  available  unless 
surveys  had  been  completed  and  recorded.  Some  other  description  was 
necessarily  used  previous  to  such  survey.  See  Revision  of  1860,  p.  133. 

iss  Laws  of  Iowa,  1868,  p.  127;  Laws  of  Iowa,  1906,  p.  36. 

is*  Laws  of  Iowa,  1892,  p.  >84;  Code  of  1897,  p.  483. 

iss  Laws  of  Iowa,  1904,  p.  7. 

186  Laws  of  Iowa,  1909,  p.  78. 

isr  Laws  of  Iowa,  1870,  p.  94;  Code  of  1897,  pp.  485,  486. 

iss  Code  of  1897,  pp.  267,  476,  479. 

189  Laws  of  Iowa,  1894,  pp.  63,  66 ;  Laws  of  Iowa,  1902,  p.  60. 

Any  three  citizens  may  procure  the  listing  of  such  places  as  are  named  in 
the  law  should  the  assessor  fail  to  perform  this  duty.  Their  action,  more- 
over, the  statute  declares,  shall  have  "the  same  force  and  effect  as  if  done 
by  the  assessor. ' ' —  Laws  of  Iowa,  1894,  p.  64. 

190  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  30. 

191  Laws  of  Iowa,  1846-1847,  p.  138. 

192  Code  of  1851,  p.  78. 

193  Laws  of  Iowa,  1858,  p.  308. 

194  Laws  of  Iowa,  1866,  p.  115. 

The  State  Bank  with  its  branches  was  established  in  1858,  and  its  prop- 
erty was  taxed  as  other  property  belonging  to  individuals. —  Laws  of  Iowa, 
1858,  p.  142.  See  also  Brindley's  History  of  Taxation  in  Iowa,  Vol.  I,  p. 
147. 

i»5  Laws  of  Iowa,  1862,  p.  227.  For  a  discussion  of  this  subject  see 
Brindley's  History  of  Taxation  in  Iowa,  Vol.  II,  Ch.  XVI. 

iwLaws  of  Iowa,  1868,  p.  265.  See  also  Brindley's  History  of  Taxation 
in  Iowa,  Vol.  I,  p.  201. 

197  Laws  of  Iowa,  1878,  p.  53. 

198  Laws  of  Iowa,  1896,  p.  40.    See  also  Brindley  's  History  of  Taxation 
in  Iowa,  Vol.  I,  p.  181. 


NOTES  AND  REFERENCES  237 

199  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  28;  Revision  of  I860, 
p.  113;  Laws  of  Iowa,  1861  (Extra  Session),  p.  24;  Code  of  1873,  p.  592; 
Code  of  1897,  p.  267;  Laws  of  Iowa,  1909,  p.  35. 

200  See  Revision  of  1860,  p.  113;  Code  of  1873,  p.  139;  and  Code  of  1897, 
p.  478. 

201  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  317. 

202  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  612. 

203  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1150-1154. 

204  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1108,  1109. 

205  Proceedings  of  the  Board  of  Supervisors  of  Dubuque  County,  Session 
of  Friday,  May  13,  1836,  Vol.  I,  unpaged.    This  volume  may  be  found  in  the 
office  of  the  county  auditor.    The  Territorial  tax  amounted  to  $280,  and  this 
is  probably  for  the  year  1836.     The  treasurer  was  also  charged  with  the 
county  tax  of  $1950,  and  with  back  taxes  which  could  not  have  been  earlier 
than  for  1835.    This  was  a  Territorial  tax  amounting  to  $176. 

206  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  389. 

In  Cedar  County,  Iowa,  the  taxes  delivered  to  the  county  sheriff  for 
collection  for  1838  amounted  to  $160.71  for  Cedar  County  and  $46.75  for 
the  County  of  Johnson  —  then  attached  to  Cedar. —  Aurner's  A  Topical 
History  of  Cedar  County,  Iowa,  p.  59. 

On  April  3,  1837,  Lee  County  elected  one  C.  M.  Jennings  collector  for  the 
township  which  it  formed. 

207  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  405. 

208  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  100. 

209  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  33. 

210  Laws  of  Iowa,  1868,  p.  176.     The  supervisors  were  authorized  to  re- 
voke any  order  with   reference  to   such  an  election  at  any  regular  June 
meeting. 

Governor  Kirkwood  in  his  second  biennial  message,  while  discussing  the 
revenue  laws,  recommended  the  stimulating  of  collections  by  allowing  a  per 
cent  to  county  treasurers  or  by  providing  for  "township  collectors,  to  be 
paid  in  the  same  way",  which  in  his  opinion  would  cause  the  taxes  to  be 
more  punctually  paid. —  Shambaugh's  Messages  and  Proclamations  of  the 
Governors  of  Iowa,  Vol.  II,  pp.  321,  322. 

211  Code  of  1873,  p.  68;  Laws  of  Iowa,  1884,  p.  209. 

212  Chase 's  Statutes  of  Ohio,  Vol.  I,  pp.  533,  665. 

213  Chase's  Statutes  of  Ohio,  Vol.  Ill,  p.  1895. 


238  TOWNSHIP  GOVERNMENT  IN  IOWA 

214  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  727. 

215  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  99. 

2ie  Laws  of  Iowa,  1852-1853,  p.  81. 

There  appears  to  be  no  definite  legislation  relative  to  the  office  of  town- 
ship treasurer  after  1842. 

217  Chase's  Statutes  of  Ohio,  Vol.  I,  pp.  92,  94;  Shambaugh's  Documen- 
tary Material  Relating  to  the  History  of  Iowa,  Vol.  II,  p.  3.    In  the  18th  cen- 
tury the  justice  of  the  peace  in  England  occupied  the  most  important  position 
among  the  local  officers.     He  had  been  given  most  of  the  power  of  the 
sheriff,  had  gained  control  of  the  parish  administration  in  connection  with 
ecclesiastical  organizations,  and  in  the  courts  of  quarter  sessions  he  acted  as 
the  county  administrative  authority.     That  is  to  say,  he  became  both  an 
administrative  and  judicial  officer,  and  had  under  his  direction  almost  all 
other  officers  of  the  locality. —  Goodnow  's  Principles  of  Administrative  Law 
of  the  United  States,  p.  180. 

218  "Court  convened  according  to  adjournment." — Proceedings  of  Com- 
missioners of  Cedar  County,  August  13,  1838.    See  Aurner's  A  Topical  His- 
tory of  Cedar  County,  1910,  p.  56. 

219  Chase 's  Statutes  of  Ohio,  Vol.  I,  p.  371. 

220  Chase's  Statutes  of  Ohio,  Vol.  I,  pp.  394,  506,  641,  662;  Vol.  II,  pp. 
1048,  1084;  and  Vol.  Ill,  p.  1569. 

221  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  317;  Vol.  Ill,  p.  1038; 
Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  177. 

222  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1074. 

By  the  laws  of  Michigan,  enacted  by  the  Governor  and  Judges  in  1816, 
some  of  the  powers  and  duties  of  the  justices  were  to  "apprehend  for  es- 
capes ' ',  celebrate  the  right  of  matrimony,  take  acknowledgment  and  proof  of 
deeds  and  other  writings,  "hear  and  determine  complaints  between  masters 
and  apprentices  or  servants,  and  disputes  relating  to  indentures,  contracts  and 
wages,  and  controversies  between  inhabitants  and  Indians."  They  were 
authorized  also  to  "bind  out  unprotected  minors".  The  law  thus  enacted 
was  drawn  from  the  statutes  of  seven  States:  Connecticut,  Massachusetts, 
Maryland,  New  York,  Ohio,  Pennsylvania,  and  Vermont. —  Laws  of  the 
Territory  of  Michigan,  Vol.  I,  p.  189. 

223  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  pp.  309,  310.    One  of 
the  first  acts  of  the  commissioners  of  Cedar  County  (Iowa),  Wisconsin  Ter- 
ritory, was  to  receive  the  bonds  of  the  justices  of  the  peace  appointed  by 
Governor  Henry  Dodge.     These  were  Henry  Hardman,  John  Blaloek,  and 
George  McCoy.    The  bonds  mentioned  were  turned  over  by  Eobert  G.  Eoberts, 


NOTES  AND  REFERENCES  239 

who  had  been  a  justice  of  the  peace  in  Dubuque  County  before  its  sub- 
division. This  occurred  in  April,  1838. —  Aurner's  A  Topical  History  of 
Cedar  County,  1910,  p.  53. 

224  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  pp.  312,  313. 

225  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  282. 

226  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  59. 

Governor  Lucas,  in  his  second  annual  message,  recommended  the  election 
of  justices  in  the  townships. —  House  Journal,  1839—1840,  pp.  11,  12. 

E.  A.  Gray  and  A.  G.  Smith  were  elected  justices  of  the  peace  in  Iowa 
Township,  Cedar  County,  in  1840. 

227  Eevision  of  1842-1843,  pp.  309,  311,  312. 

228  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  40. 

In  1845,  upon  the  organization  of  Iowa  County,  in  the  provision  for  the 
election  of  officers  it  is  specifically  stated  that  the  number  of  justices  and 
constables  shall  be  in  accordance  with  the  opinion  of  the  officer  ordering  the 
election,  who  should  have  "due  regard  to  the  convenience  of  the  people". 
In  this  case  the  officer  referred  to  was  either  the  clerk  of  the  district  court 
of  Johnson  County  or  the  sheriff  of  the  same  county  should  there  be  no 
lawful  clerk.  As  attached  to  Johnson  County,  Iowa  County  was  a  precinct, 
and  in  such  instances  the  justices  therein  then  in  office  were  required  to 
surrender  all  papers  and  documents  to  the  nearest  one  chosen  at  the  first 
election  held  within  the  recently  organized  county. —  Laws  of  the  Territory 
of  Iowa,  1845,  p.  85. 

229  Code  of  1851,  pp.  43,  44. 

230  Code  of  1851,  pp.  57,  269. 

231  Laws  of  Iowa,  1852-1853,  p.  128. 

232  Code  of  1851,  p.  310;  Code  of  1873,  p.  552. 

233  Laws  of  Iowa,  18'84,  p.  203. 

234  Laws  of  Iowa,  1911,  p.  68. 

235  Laws  of  Iowa,  1894,  p.  77. 

236  Laws  of  Iowa,  1907,  pp.  170,  171. 

237  Shambaugh  's  Documentary  Material  Eelating  to  the  History  of  Iowa, 
Vol.  II,  p.  14. 

238  Shambaugh >s  Documentary  Material  Eelating  to  the  History  of  Iowa, 
Vol.  II,  p.  79;  and  Chase's  Statutes  of  Ohio,  Vol.  I,  p.  239. 

239  Laws  of  the  Territory  of  Michigan,  Vol.  I,  p.  220. 


240  TOWNSHIP  GOVERNMENT  IN  IOWA 

240  Laws  of  the  Territory  of  Michigan,  Vol.  I,  p.  669. 

241  Laws  of  the  Territory  of  Michigan,  Vol.  I,  pp.  683,  685;  Vol.  II,  p. 
130. 

242  Laws  of  the  Territory  of  Michigan,  Vol.  II,  pp.  279,  281. 

243  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  317. 

244  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  176.    In  Lee  Coun- 
ty thirteen  constables  were  elected  on  April  3,  1837. 

245  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  71. 

246  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  47. 

The  constable  was  not  only  the  ministerial  officer  of  the  justice  of  the 
peace  but  also  of  the  coroner. —  Laws  of  the  Territory  of  Iowa,  1839-1840, 
p.  12. 

247  Laws  of  the  Territory  of  Iowa,  1841-1842,  p,  100. 

In  the  town  meeting,  wherever  it  has  been  a  feature  of  local  government, 
the  constable  has  been  required  by  law  to  execute  the  orders  either  of  the 
electors  or  of  the  chairman. 

248  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  2. 

249  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  41. 

250  Laws  of  the  Territory  of  Iowa,  1845-1846,  p.  11. 

251  Code  of  1851,  pp.  40,  41.    A  constable  could  neither  act  as  attorney  or 
counsel  for  any  person  in  any  court  nor  become  the  purchaser  of  property 
exposed  by  him  for  sale  under  due  process  of  law. —  Code  of  1851,  p.  33. 

252  Code  of  1851,  pp.  321,  322.    "The  powers  and  duties  of  the  sheriff  in 
relation  to  the  business  of  the  district  court,  so  far  as  the  same  are  ap- 
plicable and  not  modified  by  statute,  devolve  upon  the  constable  in  relation 
to  the  justice's  court." 

253  Code  of  1851,  p.  344. 

254  Laws  of  Iowa,  1852-1853,  p.  46. 

255  Laws  of  Iowa,  1894,  p.  77;  Laws  of  Iowa,  1907,  pp.  170,  171;  Laws  of 
Iowa,  1909,  p.  192. 

256  Shambaugh  's  Documentary  Material  Relating  to  the  History  of  Iowa, 
Vol.  II,  p.  76. 

In  1795  a  law  adopted  from  the  Pennsylvania  code  by  the  Governor  and 
Judges  of  the  Territory  of  the  Northwest  provided  that  each  court  of  gen- 
eral quarter  sessions  should  appoint  for  each  county  "so  many  honest  and 
able  men  as  they  shall  think  fit"  to  view  all  fences  about  which  "any  dif- 


NOTES  AND  REFERENCES  241 

f  erence  may  happen  or  arise  '  '.  They  became  the  sole  judges  of  the  damages 
that  might  be  caused  or  of  the  sufficiency  of  fences.  —  Shambaugh's  Docu- 
mentary Material  Eelating  to  the  History  of  Iowa,  Vol.  II,  p.  64. 

257  Laws  of  the  Territory  of  Michigan,  Vol.  II,  pp.  317,  323. 

'  '  Fence  viewers,  under  a  variety  of  names,  appear  as  elective  officers  in  all 
the  New  England  town  and  colonial  records.  "  These  terms  are  illustrated 
by  "haywards",  "cow-keepers",  or  "field  drivers".  In  the  western 
States  the  duties  of  the  fence  viewers  were  soon  given  to  other  officers.  In  a 
recent  Nebraska  statute  each  party  to  the  controversy  might  select  a  viewer 
and  in  case  of  refusal  both  might  be  chosen  by  one  of  the  parties,  these  two 
to  select  a  third  in  case  of  disagreement.  —  Howard's  Local  Constitutional 
History  of  the  United  States,  pp.  221,  224,  225. 

258  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1046-1048.    Anyone 
taking  up  an  animal  on  account  of  damage  must  report  the  act  to  two  of  the 
nearest  fence  viewers  within  twenty-four  hours,  Sundays  excepted.    If  dam- 
ages were  not  duly  paid  by  the  owner  in  the  sum  named  by  the  fence  view- 
ers, the  animal  was  "impounded".     A  pound  master  or  pound  keeper  was 
among  the  township  officers  provided  for  in  the  laws  of  Michigan  but  this 
ancient  office  has  never  been  established  in  the  Territory  or  State  of  Iowa. 

259  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  48.     The  laws  of  Wis- 
consin made  no  change  in  the  functions  of  these  officers  during  the  period 
noted. 

260  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  98.    Four  fence  viewers 
were  reported  as  elected  in  Des  Moines  County  in  1841  in  accordance  with 
the  first  statute  providing  for  township  organization.    Election  returns  from 
the  nine  townships  were  probably  incomplete. 

261  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  12. 

262  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  22. 


of  the  Territory  of  Iowa,  1845,  p.  28.  In  accordance  with 
the  special  act  of  the  General  Assembly  in  1848,  the  settlers  in  Lake  Prairie 
Township,  Marion  County,  elected  fence  viewers  as  provided  in  the  law  of 
1842.—  See  H.  P.  Scholte's  Tweede  Stem  uit  Pella,  p.  10. 

By  the  law  of  1845  township  trustees  were  constituted  acting  fence 
viewers.  The  act  of  1848  relating  to  Lake  Prairie  Township  required  the 
fence  viewers  to  qualify  under  the  general  laws,  although  it  appears  that 
there  were  none  to  cover  the  case.  —  Laws  of  Iowa,  1848  (Extra  Session), 
p.  16. 

264  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  317. 

265  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1045,  1151. 

16 


242  TOWNSHIP  GOVERNMENT  IN  IOWA 

The  supervisor  of  the  township  as  here  described  was  a  member  of  the 
county  board,  since  he  was  required  to  attend  the  annual  meeting  of  that 
body,  as  well  as  every  "  adjourned  or  special  meeting ". 

266  Laws  of  Michigan  and  Wisconsin,  1834-1836,  Appendix,  p.  1. 

267  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  pp.  138,  176. 

The  county  records  in  the  organized  counties  formed  from  subdivisions 
of  the  counties  of  Dubuque  and  Demoine  indicate  the  change  from  super- 
visors to  commissioners  in  April,  1838  —  the  law  having  been  passed  in 
December,  1837. 

ses  Revision  of  I860,  p.  48. 

269  Laws  of  Iowa,  1870,  p.  186. 

At  no  time  in  the  history  of  Iowa  has  there  been  a  single  supervisor  for 
the  township  who  performed  the  functions  of  that  office  as  known  in  Mich- 
igan or  Wisconsin  when  the  Iowa  country  was  under  those  jurisdictions. 
This  might  have  occurred  had  the  law  not  provided  that  when  counties  com- 
prised a  single  township  three  supervisors  should  be  elected.  It  is  recorded 
that  Lee  County  elected  three  such  supervisors  on  April  3,  1837. —  Records 
of  Supervisors,  Lee  County,  Book  I,  p.  1. 

270  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  689. 

271  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  848. 

272  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1172,  1173.    It  may 
be  noted  that  the  authority  granted  to  the  township  board  meant  really  the 
control  and  regulation  of  the  liquor  traffic. 

273  Laws  of  Michigan  and  Wisconsin,  1834-1836,  Appendix,  p.  5. 

274  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  113. 

The  supervisors  of  each  county  in  the  original  Territory  of  Wisconsin 
were  authorized  to  grant  licenses  for  not  less  than  one  year  for  "groceries, 
victualing  houses,  and  ordinaries,  with  permission  to  sell  spirituous  liquors 
and  wine  by  small  measure,  under  such  regulations  and  restrictions  as  they, 
or  a  majority  of  them,  may  deem  expedient ". 

275  Chase 's  Statutes  of  Ohio,  Vol.  I,  p.  120. 

276 Chase's  Statutes  of  Ohio,  Vol.  I,  pp.  260,  265,  523. 

277  Laws  of  the  Territory  of  Michigan,  Vol.  I,  p.  77. 

278  Laws  of  the  Territory  of  Michigan,  Vol.  IV,  p.  43. 

279  Laws  of  the  Territory  of  Michigan,  Vol.  II,  p.  118. 

280  Laws  of  the  Territory  of  Michigan,  Vol.  I,  p.  669. 


NOTES  AND  EEFERENCES  243 

281  Laws  of  the  Territory  of  Michigan,  Vol.  II,  pp.  495,  496. 

282  Laws  of  the  Territory  of  Michigan,  Vol.  II,  pp.  321,  503;  Vol.  Ill, 
p.  1049. 

In  each  township  in  Michigan  the  commissioners  of  highways  were  re- 
quired to  erect  guide-posts  having^  proper  devices  at  the  intersection  of  all 
post-roads  in  the  Territory  and  at  such  by-roads  as  they  might  consider 
necessary  leading  to  or  from  any  township,  village,  or  landing.  After  these 
were  erected  it  was  the  duty  of  the  overseers  of  the  highways  to  keep  in 
repair  all  guide-posts  within  the  limits  of  their  districts. —  Laws  of  the 
Territory  of  Michigan,  Vol.  Ill,  p.  1058. 

The  supervisor  of  the  road  district  in  the  original  Territory  of  Wisconsin 
was  required  to  erect  "at  the  forks  of  every  road  or  highway  within  his 
district'7  a  guide-post  containing  a  legible  inscription  and  showing  the 
direction  and  distance  to  "the  most  remarkable  place"  on  each  road. — 
Laws  of  the  Territory  of  Wisconsin,  1836-1838,  p.  271. 

A  statute  of  Pennsylvania  (1836)  required  the  road  supervisors  to  erect 
an  "index  board"  at  the  intersection  of  all  public  roads  within  their  town- 
ships. Upon  these  there  should  be  inscribed  the  places  to  which  these  roads 
led  and  the  ' '  distance  thereto  computed  in  miles ' '. —  Laws  of  Pennsylvania, 
1700-1846,  p.  646. 

283  Laws  of  the  Territory  of  Wisconsin,  1836-1838,  pp.  264,  265,  267. 

284  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  115.     In  the  opinion  of 
Governor  Lucas,  township  organization  was  desirable  to  insure  a  well  regu- 
lated system  of  public  roads. 

It  is  a  matter  of  record  that  the  chief  business  of  the  county  commis- 
sioners of  the  Territory  or  State  of  Iowa  during  their  existence  as  a  govern- 
ing body  had  to  do  with  the  establishment  of  roads  and  ferries. 

In  July,  1838,  the  county  commissioners  divided  Cedar  County  into  eight 
districts  and  appointed  a  supervisor  for  each.  Johnson  County  was  at  first 
formed  into  only  four  districts. 

285  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  100. 

The  number  of  supervisors  in  any  township  at  the  first  election  was  fixed 
at  four  —  which  was  subject  to  change  according  to  the  opinion  of  the 
trustees.  In  nine  townships  of  Des  Moines  County  eleven  supervisors  were 
reported  as  elected  in  April,  1841. 

286  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  69. 

On  August  13,  1838,  the  commissioners  of  Cedar  County  levied  a  tax  of 
five  mills  for  county  purposes  and  ' '  one  cent  on  a  dollar  for  road  purposes ' ' 
—  which  was  the  limit  under  Wisconsin  laws. —  Laws  of  the  Territory  of 
Wisconsin,  1836-1838,  pp.  269,  385. 

On  April  1,  1-839,  David  W.  Walton,  supervisor  of  the  Centerville  district, 


244  TOWNSHIP  GOVERNMENT  IN  IOWA 

Cedar  County,  reported  to  the  county  commissioners  that  all  taxes  "on  per- 
sonal liability  and  for  signing  petitions ' '  in  his  district,  with  two  exceptions, 
were  paid. —  Aurner  's  A  Topical  History  of  Cedar  County,  1910,  p.  59. 

287  Laws  of  the  Territory  of  Iowa,  1845,  p.  47. 

It  required  a  petition  from  at  least  six  freeholders  residing  within  two 
miles  of  a  proposed  township  road  in  order  to  secure  the  appointment  of 
viewers.  The  petitioners  must  also  enter  into  bonds  for  the  costs  of  view 
and  survey. —  Laws  of  the  Territory  of  Iowa,  1845,  p.  28. 

288  Code  of  1851,  pp.  96,  100.     The  Census  Board  was  composed  of  the 
Governor,  Auditor,  Secretary,  and  Treasurer  of  the  State,  or  any  three  of 
them. 

289  Laws  of  Iowa,  1852-1853,  pp.  79-83. 

In  his  second  biennial  message  Governor  Hempstead  made  recommenda- 
tions as  follows: 

"In  this  connection  permit  me  to  speak  of  the  common  roads  of  our 
State,  and  to  urge  upon  you  the  necessity  of  again  reinstating  the  law 
which  required  the  election  of  a  County  Supervisor.  That  officer  had  the 
charge  and  supervision  of  all  the  roads  in  the  county.  Then  there  was 
uniformity  in  the  opening  and  the  work  done  upon  them  —  now  in  some 
townships  the  roads  are  kept  in  order,  and  in  others  nothing  is  done;  and 
the  consequence  is,  that  there  is  no  system  or  regularity  upon  a  subject 
which  is  of  the  greatest  importance  and  interest  to  every  inhabitant  of  the 
State." — Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  I,  p.  463. 

290  Laws  of  Iowa,  1854-1855,  p.  218. 

Until  1858  the  election  of  township  officers  occurred  in  April,  and  there- 
after at  the  general  election  in  October,  except  in  presidential  years. 

291  Laws  of  Iowa,  1858,  pp.  331-339. 

292  Laws  of  .Iowa,  1862,  pp.  107,  192. 

In  his  message  to  the  General  Assembly  in  the  special  session  of  1862, 
Governor  Kirkwood  recommended  that  the  law  be  so  amended  that  "all  able 
bodied  male  residents  of  the  State  between  the  ages  of  eighteen  and  sixty  be 
made  liable  to  perform  labor  on  our  highways."  This  he  regarded  as 
necessary  since  a  large  number  of  the  men  were  then  in  the  military  service. 
—  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of  Iowa, 
Vol.  II,  p.  314. 

293  Laws  of  Iowa,  1864,  p.  -82. 

294  Laws  of  Iowa,  1868,  p.  138.     This  amendment  retained  the  require- 
ment of  two  days  labor  from  "all  the  able-bodied  male  residents"  of  the 


NOTES  AND  REFERENCES  245 

district  between  the  ages   of  twenty-one  and  fifty,  in  harmony  with  the 
recommendation  of  Governor  Kirkwood,  which  was  submitted  in  1862. 

295  Code  of  1873,  p.  168. 

Governor  Merrill  in  his  second  biennial  message  declared  it  as  his 
opinion  that  the  returns  in  proportion  to  the  outlay  for  the  repair  of  roads 
were  very  small,  and  he  recommended  the  "abolition  of  the  existing  road- 
districts,  with  township  supervision  under  an  officer  selected  for  the  pur- 
pose7'.—  Shambaugh 's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  Ill,  p.  377. 

The  first  message  of  Governor  Carpenter  submitted  in  1874  contained  the 
following  suggestions:  "whether  it  would  not  be  well  to  make  each  road- 
district  independent,  and  provide  that  the  people  may  come  together  and 
levy  a  tax  to  build  highways  as  the  law  provides  they  may  do  to  build 
school-houses. ' '  This  he  said  was  ' l  the  practice  in  some  States,  and  the 
result  proves  its  wisdom." — Shambaugh 's  Messages  and  Proclamations  of 
the  Governors  of  Iowa,  Vol.  IV,  p.  99. 

296  Laws  of  Iowa,  1880,  p.  129. 

Governor  Gear  (1882)  declared  that  the  system  of  working  roads  "by  a 
headless  and  almost  aimless  army  of  over  ten  thousand  supervisors "  was 
"radically  unsound ".  He  recommended  the  payment  of  all  taxes  in  money 
and  "the  consolidation  and  systematization ' '  of  such  work  under  the 
proper  management. —  Shambaugh's  Messages  and  Proclamations  of  the 
Governors  of  Iowa,  Vol.  V,  p.  169. 

297  Laws  of  Iowa,  1884,  pp.  218,  219.     Governor  Sherman  recommended 
in  his  first  message  (1884)  that  road  taxes  be  paid  in  money.    He  believed 
it  would  be  more  efficiently  expended  under  the  direction  of  a  competent 
supervisor  or  "one  roadmaster  in  the  township,  who  should  be  held  respon- 
sible for  the  roads  therein,  and  that  he  be  appointed  by  the  trustees,  and 
accountable  to  them  for  his  official  action. ' ' —  Shambaugh  's  Messages  and 
Proclamations  of  the  Governors  of  Iowa,  Vol.  V,  p.  309. 

In  referring  to  this  law  of  1884  Governor  Larrabee  in  1890  said:  "It  is 
believed  that  very  few  townships  have  availed  themselves  of  this  provision. 
.  .  .  The  requirement  that  a  majority  of  the  voters  must  petition  for  the 
system  practically  prevents  its  adoption.  It  would  be  better  to  authorize 
the  trustees  to  submit  the  question  of  the  adoption  of  the  system  to  the 
people  of  the  township". —  Shambaugh 's  Messages  and  Proclamations  of 
the  Governors  of  Iowa,  Vol.  VI,  p.  171. 

In  1897,  the  statutes  provided  for  three  years7  trial  before  permitting 
a  return  to  the  single  road-district  plan. —  Code  of  1897,  p.  571. 

298  Laws  of  Iowa,  1898,  p.  29. 

299  Laws  of  Iowa,  1902,  pp.  30,  32.     The  meaning  of  the  term  ' '  road 


246  TOWNSHIP  GOVERNMENT  IN  IOWA 

supervisor"  after  the  passage  of  this  act  was  to  be  interpreted  as  "superin- 
tendent or  contractor ' '. 

BOO  Laws  of  Iowa,  1906,  pp.  38,  40. 

It  was  during  this  session  of  the  General  Assembly  that  provision  was 
made  for  the  transfer  of  "township  hall"  funds  to  the  road  fund;  and  also 
the  provision  for  the  remission  of  a  part  of  the  road  tax  when  the  person 
liable  for  it  used  wide  tires  upon  the  township  highways. —  Laws  of  Iowa, 
1906,  pp.  14,  41. 

sol  Laws  of  Iowa,  1909,  p.  92. 

The  statute  requiring  road  supervisors  or  superintendents  to  erect  guide- 
boards  was  amended  in  1909  in  as  much  as  the  substitution  of  the  word 
"may"  for  "shall"  might  affect  it. —  Laws  of  Iowa,  1909,  p.  91. 

Governor  Sherman  said  in  1884  that  he  must  call  the  attention  of  the 
members  of  the  General  Assembly  "to  the  fact  that  the  law  requiring 
supervisors  to  place  proper  guide-boards  at  highway  crossings,  is  not  en- 
forced, save  in  a  very  few  road  districts,  throughout  the  entire  State. 
Travelers  complain  thereat.  Would  it  not  be  well  to  affix  a  penalty  to  all 
supervisors  who  fail  to  promptly  obey  this  reasonable  requirement?" — 
Shambaugh  's  Messages  and  Proclamations  of  the  Governors  of  Iowa,  Vol.  V, 
p.  309. 

302  Laws  of  Iowa,  1911,  p.  65. 

303  Laws  of  Iowa,  1909,  p.  90. 

so*  Shambaugh 's  Documentary  Material  Eelating  to  the  History  of  Iowa, 
Vol.  II,  p.  15. 

305  Shambaugh 's  Documentary  Material  Eelating  to  the  History  of  Iowa, 
Vol.  II,  pp.  60,  62. 

SOB  Laws  of  the  Territory  of  Michigan,  Vol.  I,  p.  531. 

307  Laws  of  the  Territory  of  Michigan,  Vol.  II,  pp.  595,  596. 

sos  Laws  of  the  Territory  of  Michigan,  Vol.  II,  pp.  727-730. 

309  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  868. 

310  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1038. 

An  interesting  application  of  the  Michigan  statute  of  1833  which  was 
retained  in  the  original  Territory  of  Wisconsin  is  found  in  the  records  of 
Lee  County.  In  1837  it  appears  that  E.  D.  Ayers  and  J.  S.  Douglass  were 
elected  directors  of  the  poor.  At  the  same  time  E.  D.  Ayers  was  elected  one 
of  the  three  county  commissioners  of  highways,  and  he  had  been  formerly  a 
member  of  the  first  board  of  supervisors  of  Demoine  County  upon  its 
organization  under  Michigan  law  in  1835. —  Records  of  County  Supervisors, 


NOTES  AND  REFERENCES  247 

Lee  County,  Book  I,  p.  1;  Records  of  County  Supervisors,  Demoine  County, 
Session  of  September,  1835,  Book  I. 

311  Laws  of  Wisconsin,  1836-1838,  p.  178. 

The  county  commissioners  of  Cedar  County  made  the  following  entry  on 
July  7,  1838: 

"Keceived  notification  that  the  family  of  Matthew  Turner  were  in  a 
suffering  condition  and  agreed  to  meet  at  his  house  tomorrow  morning  at 
9  o'clock  to  make  provision  for  his  relief." 

This  was  done  under  Wisconsin  law. —  Eecords  of  County  Commissioners, 
Session  of  July  7,  1838. 

312  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  48.    The  trustees  were 
to  settle  accounts  with  the  overseers. 

sis  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  83.  It  is  not  indicated 
in  the  act  that  the  county  commissioners  were  to  supersede  the  overseers  of 
the  poor,  but  they  became  the  final  authority  and  supervised  all  of  the  over- 
seers in  township  poor  relief. 

si*  Laws  of  the  Territory  of  Iowa,  1841-1842,  pp.  58,  83. 

The  question  of  "legal  residence"  was  one  always  to  be  settled  in  the 
granting  of  poor  relief.  By  this  act,  approved  on  February  16,  1842,  any 
person  who  had  resided  in  the  township  for  one  year  without  being  warned 
by  the  overseers  to  leave,  or  having  been  "once  so  warned"  and  not  warned 
a  second  time  within  three  years  "shall  be  considered  as  having  gained  a 
legal  residence  in  such  township". 

315  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  18. 
sie  Laws  of  the  Territory  of  Iowa,  1845,  p.  28. 

3i7  Laws  of  Iowa,  1846-1847,  p.  182;  Laws  of  Iowa,  1848-1849,  p.  62. 
The  ' '  County  Commissioners '  Court ' '  is  named  in  this  law  as  the  authority 
to  make  the  purchase. 

sis  Laws  of  Iowa,  1850-1851,  p.  77.  The  farm  purchased  in  Lee  County 
included  one  hundred  and  thirty  acres.  The  General  Assembly  in  1855 
authorized,  by  a  special  act,  the  sale  of  this  farm  and  the  purchase  of 
another. 

sis  Code  of  1851,  pp.  126,  129,  130,  131. 

320  Eevision  of  1860,  p.  51. 

321  Laws  of  Iowa,  1868,  p.  131. 

322  Laws  of  Iowa,  1876,  p.  21. 

323  Laws  of  Iowa,  1880,  p.  128. 


248  TOWNSHIP  GOVERNMENT  IN  IOWA 

324  Laws  of  Iowa,  1888,  p.  137. 

325  Code  of  1897,  pp.  263,  783. 

326  Shaw 's  Local  Government  in  Illinois  in  Johns  Hopkins   University 
Studies,  Vol.  I,  No.  3,  p.  10. 

327  Bemis  's  Local  Government  in  Michigan  and  the  Northwest  in  Johns 
Hopkins  University  Studies,  Vol.  I,  No.  5,  p.  11.     "From  that  time  [1825] 
until  the  present  [1883],  the  powers  of  the  township  have  slowly  but  con- 
tinuously increased." 

328  Shambaugh  's  Documentary  Material  Eelating  to  the  History  of  Iowa, 
Vol.  Ill,  pp.  267-271. 

329  Shambaugh 's  Documentary  Material  Eelating  to  the  History  of  Iowa, 
Vol.  Ill,  p.  310. 

sso  See  note  226  above. 

331  132  Iowa  533 ;  52  Iowa  132 ;  Laws  of  Iowa,  1902,  p,  68. 

332  39  Iowa  333. 

333  57  Iowa  72. 

334  71  Iowa  478. 

335  Constitution  of  Iowa,  Art.  XI,  Sec.  3;  58  Iowa  384;  82  Iowa  292;  81 
Iowa  482. 

33652  Iowa  81. 

33759  Iowa  376. 

33824  Iowa  342. 

33934  Iowa  309;  61  Iowa  624. 

340  Code  of  1873,  p.  433;  80  Iowa  89. 

341  See  note  59  above. 

342  42  Iowa  486;  Code  of  1873,  p.  64;  Code  of  1897,  p.  262. 
34346   Iowa  25. 

34451   Iowa  107. 


INDEX 


249 


INDEX 


Accounts,  township,  rendition  of,   124 

Adair  County,  township  organization  in, 
40 

Adams  County,  township  organization  in, 
40 

Administration,  local,  part  of  people  in, 
200,  202;  inefficiency  of,  209,  210; 
economy  in,  225 

Agriculture,  State  Board  of,  reports  to, 
96 

Allen's   Grove  Township,    222 

Alt,    John   W.,    229 

Amendments,  statutory,  early  need  of, 
176 

Animals,  domestic,  protection  of,  against 
disease,  67;  damage  caused  by,  68, 
69,  77;  marks  or  brands  of,  71,  73, 
230;  appraisal  of  damage  caused  by, 
120,  121,  122,  123 

Appeal  bonds,    78 

Appeals,    108 

Appointment,  selection  to  office  by,  67, 
68,  79,  213 

Appraisers,  board  of,   88 

Apprentices,    148 

Assessment,  equalization  of,  in  township, 
49,  58,  208;  tax,  for  poor,  73;  history 
of  control  of,  in  Iowa,  186;  method  of, 
by  county  assessor,  186,  187,  188, 
189;  work  of,  by  precinct  assessors, 
187;  work  of,  by  township  assessors, 
189;  order  for,  233 

Assessment  roll,   delivery  of,   124 

Assessors,  county,  system  of,  in  Iowa, 
86,  87,  186,  187,  188;  qualifications 
of,  86;  return  to  plan  of,  in  1845,  90, 
91;  deputy  of,  234;  expense  of  system 
of,  234;  census  duties  of,  235 

Assessors,  precinct,  work  of,   187 

Assessors,  township,  duties  of,  18,  77, 
187,  234,  235,  236;  election  of,  21, 
48,  149,  189;  information  furnished 
by,  47;  election  of,  in  1878,  57;  his- 
tory of  office  of,  85-101;  election  of,  in 
Northwest  Territory,  85;  duties  of,  in 


Michigan  Territory,  85,  86;  status  of, 
in  Wisconsin  Territory,  86,  87;  law 
of  1843  relative  to,  87;  status  and 
duties  of,  88,  89,  207,  208;  act  of 
1844  relative  to,  89;  real  estate  as- 
sessments by,  89,  90,  234;  abandon- 
ment of  office  of,  in  1845  and  1857, 
90,  91;  return  to  system  of,  in  1853, 
90,  91;  meetings  of,  91,  92;  census 
compiled  by,  92,  234;  persons  subject 
to  military  duty  reported  by,  93;  war 
records  prepared  by,  93 ;  record  of 
voters  prepared  by,  94;  real  estate 
assessed  by,  after  1866,  95;  timber 
acreage  reported  by,  95,  96;  crop  sta- 
tistics by,  96;  Mulct  Tax  Law  relative 
to,  97;  assessment  of  partnerships  and 
corporations  by,  98-101;  penalty  for 
failure  of,  to  qualify,  101;  bonds  of, 
101;  compensation  of,  101;  assessment 
roll  used  by,  124;  minor  functions  of, 
178;  failure  of  system  of,  186,  189; 
work  of,  in  Iowa,  188 ;  efficiency  of, 
209;  demands  on,  212;  term  of,  225; 
power  of,  233 

Attorneys,   employment  of,  by  trustees,  69 

Auction,  public,  contracts  let  by,  150 

Auditing  board,  township,  124;  history 
of,  126,  127;  account  rendered  to,  150 

Auditor,  county,  petition  to,  64;  appoint- 
ive power  of,  68,  229,  232;  road  levy 
certified  to,  76 ;  tax  levy  certified  to, 
82 ;  exemptions  reported  to,  94 ;  duty 
of,  95,  231;  crop  report  to,  96;  as- 
sessors called  by,  97;  return  of  poll 
books  to,  231;  creation  of  office  of, 
235 

Audubon  County,  township  organization 
in,  40 

Australian  ballot,  adoption  of,  in  town- 
ships, 58 

Ayers,  Ebenezer  D.,  election  of,  19,  246 

Bailey,   Mr.,    219 
Ballot,  defects  of,   213 


251 


252 


INDEX 


Ballot  boxes,  numbering  of,  in  townships, 

48 

Bank,    State,   establishment  of,   236 
Barnett,   J.   P.,   election  of,   87 
Beeler,   George  H.,    226 
Bellevue  Township  (Michigan),  first  town 

meeting  in,    218 

Berry,  Jesse,  mark  claimed  by,  230 
Biennial    election     law,     township     offices 

governed  by,   57,   185 
Births,  record  of,   82,  235 
Black  Hawk  County,   222 
Blalock,  John,   238 
Blind,   record  of,    94 
Bloomington  precinct,  justices  in,  110 
Board,  township,  members  and  duties  of, 

124,  126;  abolition  of,  126,  127 
Bond,   treasurer's,   provision  for,   34,   35; 

assessor's,   89,    91 
Bonds,  approval  of,   72,  87,  88 
Booths,  election,  location  of,   58 
Boundaries,  township,  change  of,  42,  50, 

51 

Brands,  record  of,  28,   71,   73,  77,  230 
Bremer  County,   first  townships  in,   221 
Bridges,  township,  aid  in  construction  of, 

45,    46 ;    tax  for,    60 ;    improvement   of, 

129;    law   relative   to    repair   of,    133, 

134;   damages  resulting  from,   140 
Britton,  John  W.,  229 
Browne,  Jesse  B.,  letter  to,  219,  220 
Buchanan   County,    221 
Buildings,  public,  construction  of,  59 
Burlington,   meeting   at,    19;    trustees   of, 

226 
Burlington  precinct,  justices  in,   110 

Canal  companies,   99 
Canvassers,  board  of,  duty  of,  57 
Carpenter,  C.  C.,  suggestion  of,  197,  245 
Carroll  County,  township  organization  in, 

40 

Cartways,  record  of,  28,  71 
Cass    County,    township    organization    in, 

40 

Cattle,  earmarks  of,  28,   73 
Caucuses,  early,   175 
Cedar  County,  justices  in,  111,  239;  first 

board  of  county  commissioners  of,  218; 

reference    to,    224;    records    of,    233; 

taxes    in,    237;    first   justices    of,    238, 

239;   road   districts   of,    243;   road  tax 

in,  243,  244;  poor  relief  in,   247 


Cedar  River,  111 

Cemeteries,  gifts  for,  47;  township  tax 
for,  52;  care  of,  59 

Cemetery  lots,  deeds  of,  79,  227 

Census,  completion  of,  from  1844  to  1875, 
by  assessors,  92 ;  assessor's  preparation 
of,  96,  235;  taking  of,  234,  235 

Census  Board,  State,  power  of,  137,234; 
members  of,  244 

Center  Township    (Cedar  County),  224 

Centralization,  system  of,  in  Iowa  Terri- 
tory, 175 

Chapman,  W.  W.,  service  of,   19 

Chase's  Statutes  of  Ohio,  copies  of,  32 

Children,  poor,   care  of,   148 

Church,  evolution  of  township  around, 
174 

Church  lands,  leasing  of,   105 

Cities,  duties  of  councils  and  clerks  of, 
50;  assessors  in,  94;  collection  of  tax- 
es in,  103;  assessors  in  special  char- 
ter, 208 

Citizenship,  training  for,  201,  203 

Civic  duty,   training  for,   201 

Civil  cases,  minor,  jurisdiction  in,  108, 
112;  fees  from,  113 

Civil  townships,  establishment  of,  173, 
174,  175;  boundaries  of,  225 

Claims,  land,  protection  of,  202 

Clerk,   city,  duties  of,   50 

Clerk,  township,  book  of,  18 ;  duties  of, 
18,  21,  29,  36,  52;  duties  of,  in  Ohio 
and  Iowa,  27-29;  fees  of,  28,  29,  83; 
office  of,  33;  suit  by,  on  bond,  35,  206, 
221;  funds  kept  by,  42;  abolition  of 
office  of,  in  cities,  50;  drainage  de- 
cisions filed  with,  63 ;  appointive  power 
of,  68,  79;  history  of  office  of,  71-84; 
duties  of,  in  Northwest  Territory  and 
Ohio,  71;  abolition  of  office  of,  72,  73; 
reestablishment  of  office  of,  in  1840, 
73;  records  kept  by,  73,  230;  impor- 
tance of  office  of,  74 ;  duty  of,  relative 
to  elections,  75;  duty  of,  relative  to 
roads,  75,  76,  77;  report  of,  to  county 
judge,  76 ;  duty  of,  in  certain  contro- 
versies, 77,  78,  79;  duties  of,  regard- 
ing domestic  animals,  77;  report  post- 
ed by,  79;  deeds  recorded  by,  79,  80; 
mulct  tax  fund  distributed  by,  80; 
financial  duties  of,  80 ;  school  duties 
of,  80-82 ;  police  power  of,  82 ;  duty 
of,  to  local  board  of  health,  82;  fires 


INDEX 


253 


reported  by,  83  ;  care  of  road  fund  by, 
106,  138,  143;  assessment  roll  re- 
turned to,  124;  duty  of,  as  auditor, 
124,  126;  tax  lists  prepared  by,  140; 
road  machinery  kept  by,  143 ;  road  re- 
port to,  145;  minor  functions  of,  178; 
present  demands  on,  212;  term  of,  224; 
duty  of,  as  hall  custodian,  224;  laws 
relative  to,  230,  231,  232;  responsi- 
bility of,  231 

Clerk  of  county  court,  report  to,  72; 
papers  filed  with,  77,  78;  census  re- 
turns filed  with,  92 ;  persons  subject 
to  military  duty  reported  to,  93 

Clinton  County,   219,   234 

Code,   distribution  of,   231 

Code  of  1851,  township  laws  in,  39,  40, 
70,  74,  83,  91,  99,  111,  112,  135,  158 

Code  of  1873,  township  laws  in,  42,  48, 
70,  78,  83,  104,  112,  119,  143,  204 

Code  of  1897,  provision  of,  45,  52,  69, 
80,  96,  97 

Collection  of  taxes,  history  of,  186,  189- 
191;  delays  incident  to,  190;  stimula- 
tion of,  237 

Collector,  township,  duties  of,  18 ;  election 
of,  21;  law  relative  to  duty  of,  43; 
history  of  office  of,  102-104;  duties  of, 
in  Michigan  and  Wisconsin  Territories, 
102,  103;  election  of,  in  Iowa,  103; 
duties  of,  103,  104;  abolition  of  office 
of,  104;  advocate  of  provision  for,  237 

Colonies,  fence  viewers  in,   241 

Commissioners,  county,  board  of,  provis- 
ion for  election  of,  21;  duties  of,  22; 
duty  of,  relative  to  township  organiza- 
tion, 32,  33 ;  power  of,  to  change  town- 
ships, 34;  record  of,  in  Dubuque  Coun- 
ty, 36;  townships  organized  by,  after 
1847,  37;  duties  of  clerk  of,  72,  73; 
bond  approved  by,  86;  returns  filed 
with  clerk  of,  90;  vacancies  filled  by, 
116;  beginning  of  duties  of,  124;  road 
tax  levied  by,  128,  135 ;  road  districts 
under  care  of,  129,  130;  care  of  poor 
by,  149,  151;  power  of,  to  erect  poor- 
houses,  156;  expenses  of  poor  relief 
paid  by,  158,  191,  247;  formation  of 
townships  by,  174;  reference  to,  182; 
assessor's  return  to,  187;  road  super- 
visors appointed  by,  194;  first,  in  Ter- 
ritory of  Iowa,  218;  notice  given  by 
clerk  of,  220,  221;  record  of  brands 


kept  by,  230 ;  order  of,  in  Cedar  Coun- 
ty, 233;  chief  business  of,  243 

Commissions,   issuance  of,    182 

Commons,  care  of,  18 

Condemnation,  right  of,   61 

Congress,    act  of,   217,   219 

Congressional  townships,  organization  of, 
after  1838,  23;  trustees  of,  in  Ohio, 
55,  56;  evolution  of  government  in, 
173,  174,  175;  united  action  of  set- 
tlers in,  202 ;  plats  of,  222 ;  boundaries 
of,  225 

Connecticut,   238 

Constable,  duties  of,  18,  27,  30,  74,  229, 
240;  election  of,  in  Lee  County,  21; 
office  of,  33;  notices  served  by,  66, 
152,  153,  154;  bond  of,  72;  appoint- 
ment of,  79;  taxes  collected  by,  103, 

117,  189;  history  of  office  of,  114-119; 
duties  of,  in  Northwest  Territory,   114, 
115;  provision  for,   in  Michigan  Terri- 
tory,   115,    116;   election  of,    116,    117, 

118,  119;    jurisdiction    of,    117,    118; 
ministerial    duties    of,    118;    compensa- 
tion of,    118,   119;  few  changes  in  his- 
tory  of   office   of,    180;    need   of,    182; 
large    number   of,    183,    239;    property 
listed  by,   233 

Constitution,  State,  of  1846,  provision  of, 
37;  status  of  township  under,  221 

Constitutional  law,  study  of,  in  reference 
to  townships,  204-208 

Contracts,  written,  suits  on,  112;  care  of 
poor  let  by,  149,  150;  township,  205 

Conventions,   political,    calling  of,    175 

Conway,  Wm.  B.,  letter  of,  220 

Cook,  Ira,  appointment  of,  87;  assess- 
ment roll  of,  234 

Coroner,  election  of,  21;  constable's  duty 
relative  to,  240 

Corporations,  law  relative  to  municipal, 
34 ;  assessment  of  property  of,  98 ;  tax- 
ation of,  99-101;  municipal,  204;  debts 
of,  205 

Council,  city,  duties  of,  50 ;  equalization 
of  assessments  by,  208 

Council,  Legislative,  reply  to,  32,  219, 
220 

Counties,  first  township  organization 
of,  in  Iowa,  17,  18,  20,  170;  first 
boards  of  supervisors  of,  19 ;  provision 
for  election  of  commissioners  in,  21; 
subdivision  of,  into  townships,  22,  23, 


254 


INDEX 


34,  175 ;  popular  vote  on  township 
organization  in,  33;  townships  organ- 
ized in,  after  1847,  37;  western,  or- 
ganization of  townships  in,  40 ;  union 
of,  for  various  purposes,  40 ;  adoption 
of  herd  law  by,  51;  assessors  in,  of 
Wisconsin  Territory,  86,  87;  assessors 
of,  90,  91;  collection  of  taxes  in,  103, 
104;  justices  of  peace  of,  108;  con- 
stable's office  in,  114,  115;  care  of 
roads  in,  130,  244;  division  of,  into 
road  districts,  130;  care  of  poor  in,  of 
Michigan  Territory,  149-151;  road  su- 
pervision by,  135-137;  overseers  of 
poor  in,  148;  care  of  poor  in,  151, 
152-162,  207;  erection  of  poorhouses 
in,  156;  peace  officers  in  original, 
180,  181;  courts  in,  182;  problem  of 
taxation  in,  186;  collection  of  taxes  left 
to  option  of,  190;  care  of  Territorial 
roads  in,  192,  196;  location  of  first 
roads  in,  193,  194;  disagreements  of 
townships  with,  207,  208;  unorgan- 
ized, electors  of,  222;  change  from  su- 
pervisors to  commissioners  in,  242 

County,  status  of,   204 

County  government,  change  in,  40;  four 
plans  of,  in  earlier  counties,  41;  repre- 
sentation in,  124;  New  York  source 
of,  222 

County-option  plan,   170 

County-township  system,  origin  of,  165 

Courts,  county,  power  of,  to  control  es- 
tablishment of  townships,  39,  40;  na- 
ture of,  182;  commissioners  appointed 
by,  233 

Courts,  township,  system  of,  in  Iowa,  40 ; 
history  of,  107-113;  duties  of  constable 
as  officer  of,  114-119;  justices  of,  115 

Cow  keepers,  241 

Cox,  Mr.,  219 

Crawford  County,  township  organization 
in,  40 

Creditor,  relation  of,  to  township,  205 

Crops,  information  relative  to,  96 

Crosier,   David,   229 

Cross  roads,  erection  of  guide-boards  at, 
141 

Damages,  estimation  of,  68,  69;  assess- 
ment of,  77;  appraisal  of,  120,  121, 
122 ;  controversies  over,  by  loose  stock, 
241 


Data,  collection  of,  209 

Deaf,  record  of,   94 

Deaths,  record  of,   82,  235 

Debt,  prevention  of,  for  road  purposes, 
144;  incurring  of,  by  townships,  205 

Deeds,  record  of,  to  cemetery  lots,  79 ; 
acknowledgment  of,  238 

Delinquencies,  tax,  record  of,  for  one 
township,  190 

Democracy,  pure,  nature  of,   184 

Demoine  County,  township  organization 
of,  17;  division  of,  21,  170;  peace  of- 
ficers in,  180;  area  of,  217;  reference 
to,  242 ;  member  of  board  of  super- 
visors of,  246 

Deputy  assessors,  appointment  of,  88,  90, 
91,  187,  188 

Deputy  supervisor  of  roads,  appointment 
and  duties  of,  135-137 

Des  Moines,  act  relative  to,  225 

Des  Moines  County,  poor  farm  in,  158; 
township  election  in,  220;  fence  view- 
ers in,  241 ;  road  supervisors  of,  243 

Directors,  school,  duties  of,  51;  provision 
for,  66;  power  of,  232 

Directors,  township,  care  of  poor  by,  149, 
150 

Directors  of  poor,  provision  for,  150,  151 

Diseases,  contagious,  42 ;  protection 
against,  in  townships,  66,  67 

District  court,  highway  districts  estab- 
lished by,  129 

District  townships,  organization  of,  51, 
66;  directors  of,  229 

Ditches,   construction  of,    78 

Docket,   justice's,    110 

Dodge,  Henry,  peace  officers  appointed 
by,  181,  238 

Dogs,   listing  of,   235 

Douglass,  J.  S.,  election  of,  246 

Dragging,  superintendent  of,  selection  of, 
61,  62,  146;  funds  for,  77;  provision 
for,  193  ;  compulsory  system  of,  199 

Drags,  road,  use  of,  61,  145,   146 

Drainage,  laws  relative  to,  63,  64;  su- 
pervision of,  211 

Drainage  districts,  establishment  of,  64; 
law  relative  to,  228 

Drainage  ditches,  location  of,  70;  con- 
struction of,  78 ;  dispute  over,  120 

Dubuque  County  (original),  township 
organization  of,  17;  division  of,  170; 
peace  officers  in,  180;  area  of,  217; 


INDEX 


255 


justice  of  peace  of,  239;  reference  to, 
242 

Dubuque  County,  question  of  township 
organization  in,  36 ;  Territorial  tax 
collected  in,  102,  103 ;  first  board  of 
county  commissioners  of,  218;  pre- 
cincts in,  218,  219;  first  townships  in, 
221;  early  taxes  in,  237 

Dubuque  precinct,   justices  in,    110 

Dutch,  township  government  granted  to, 
38 

Duty,  discharge  of,  in  local  government, 
209,  210 

Earmarks,  record  of,  28,  71,  73,  77,  230 
Eaton  County   (Michigan),  218 
Economy,     administrative,    possibility    of, 

200 ;  movement  toward,  225 
Efficiency,   lack   of,    in   local   government, 
209,  210;  need  of,  in  local  government, 
213 

Election  laws,  adoption  of,  169 
Elections,  earliest  provision  for  township, 
in  Iowa,  17,  18 ;  provision  for,  in 
counties  and  townships,  1836-1838,  20- 
23 ;  need  of  provision  for,  in  1839,  25 ; 
judges  of,  34,  35,  36,  56,  226;  act  of 
1845  relative  to,  36;  calling  of,  after 
1847,  37;  first,  in  western  Iowa,  40; 
creation  of  precincts  for,  41;  cost  of, 
borne  by  railroad  corporations,  45; 
regulation  of,  by  board  of  registry,  47, 
48 ;  biennial,  township  officers  subject 
to  laws  relative  to,  48 ;  management 
of,  in  townships,  57,  58;  clerks  of,  75, 
84;  result  of,  in  Lee  County,  86,  87; 
separate  ballots  in,  145;  reference  to, 
174;  calling  of,  175;  place  of,  in  Iowa 
history,  184,  185;  large  number  of, 
185;  loyalty  to  government  not  pro- 
moted by,  201;  municipal,  assessor  se- 
lected at,  208;  failure  of  system  of, 
213;  result  of,  in  1840  and  1841,220, 
221;  place  of,  227 

Electors,  notification  of,  in  townships,  30; 
provision  for  meetings  of,  33 ;  prepara- 
tion of  list  of,  47 

Electric  railways,  taxes  in  aid  of,  45 
Eminent  domain,  power  of,  59,  61 
Engineer,  use  of,  for  roads,  227 
England,   importance   of   justice  of  peace 

in,  238 
Equalization,   board  of,   in  township,   49, 


58,  186,  211;  board  of,  in  county,  91, 
189,  208;  assessors  as,  95;  assessor's 
duty  to,  96,  97 

Estrays,  report  of,  71 

Executive  Council,  power  of,  137 

Exemptions,   tax,   95,   96 

Express  companies,  taxation  of,  100,  101 

Ewing,  Peter,   228 

Families,  poor,  inquiry  into  affairs  of, 
148,  161 

Farmers,  rebate  of  taxes  to,  61 

Farmington  precinct,  justices  in,  110 

Farmington  Township,  precinct  estab- 
lished in,  37 

Fayette  County,  221 

Fees,  provision  relative  to,  28,  29;  com- 
pensation from,  69,  112,  113;  collec- 
tion of,  by  clerk,  83,  84 

Felons,  capture  of,   114 

Fence  viewers,  duties  of,  18,  57,  68,  69, 
211,  230;  office  of,  33;  end  of  office 
of,  36,  123;  election  of,  in  1848,  38; 
compensation  of,  69,  70 ;  appeal  from, 
77;  history  of  office  of,  120-123;  du- 
ties of,  in  Michigan  Territory,  120, 
121;  duties  of,  in  Iowa  Territory,  121- 
123;  statute  relative  to,  122,  123;  ap- 
pointment of,  240;  names  of,  in  New 
England,  241 

Fences,  partition,  care  of,  18;  lawful, 
229,  230;  disputes  over,  230 

Ferries,  establishment  of,  243 

Field  drivers,  241 

Field  notes,  road,   141 

Fines,  use  of,  34;  road,  collection  of,  130 

Fire  Marshal,  State,  report  to,  82,  83; 
provision  for,  209 

Fires,  report  of  causes  of,  83 

Flint  Hill  Township,  establishment  of, 
17;  board  in,  127;  distinction  of,  217 

Forms,  assessor's,  system  of,  after  1866, 
95 

Fort  Madison  precinct,  justices  in,  110 

Freeholders,  petition  of,  for  roads,  130 

Frost,  J.  Lyman,  229 

Fruit  trees,  tax  exemption  for,  96 

Funds,  township,  care  of,   80 

Gear,  John  H.,  recommendation  of,  245 
Gehon,  Francis,  election  of,  19 
Gifts,  donation  of,  to  townships,  47;  poor 
aided  by,   149,  155 


256 


INDEX 


Gospel,  lands  for  support  of,  55 

Governor,  messages  of,  relative  to  town- 
ship government,  24,  25 ;  township  bill 
approved  by,  26 ;  duty  of,  in  regard  to 
diseases,  67;  appointment  of  justices 
by,  107,  108,  180,  181;  constables  ap- 
pointed by,  115;  road  supervisors  ap- 
pointed by,  128,  129,  194,  195,  196; 
centralized  authority  of,  in  Iowa  Ter- 
ritory, 175;  appointive  power  of,  197 

Graded  roads,    99 

Graves,   Stephen,  election  of,  87 

Gray,  E.  A.,  election  of,  239 

Great  Britain,  repeal  of  statutes  of,   167 

Green  Bay  Township,   217 

Grimes,  James  W.,  message  of,  188 ;  ob- 
jection of,  to  system  of  township  as- 
sessors, 234 

Groceries,  license  of,   242 

Grounds,  enclosed,  care  of,   18 

Guide-posts,  erection  of,  60,  131,  133, 
138,  141,  199,  243,  246 

Halls,  public,  tax  for,  46,  59;  gifts  for, 
47;  use  of  money  for,  61;  custodian 
of,  82 ;  reference  to,  224 ;  fund  for, 
246 

Hardman,    Henry,    238 

Hastings,   S.  Clinton,  219 

Hawkins,   Joseph  0.,   219 

Health,  board  of,  provisions  for,  in  town- 
ships, 42,  43,  66,  67;  clerk  of,  82; 
regulations  of,  in  township,  191;  ex- 
penses of,  207;  efficiency  of,  209;  ser- 
vices of,  211;  notice  given  by,  223; 
power  of,  229 

Health,  State  Board  of,  township  reports 
to,  67;  deputies  approved  by,  82;  reg- 
ulations of,  209,  229 

Hedges,  breaking  of,  122;  trimming  of, 
228 

Helpless,   relief  of,   148 

Hempstead,  Stephen,  objections  of,  188; 
recommendation  of,  234,  244 

Herd  law,  popular  vote  on,  in  townships, 
51,  52 

Highway  district   (See  Road  district) 

Highways    (See  Roads) 

Highways,  commissioners  of,  duties  of, 
18,  243;  election  of,  21,  129 

Highways,  supervisors  of,  duty  of,  29, 
128 

Hogs,   earmarks  of,  28,   73 


Historical  Society  of  Iowa,  State,  9; 
volume  in  possession  of,  168 

Holland,    immigrants   from,    38 

Hollanders,    township   organized   for,    221 

Horses,  purchase  of,   139 

Hospitals,  township,  67;  detention,  ex- 
pense for  care  at,  223 

Householders,   petition  of,   for  roads,   130 

Howard  Township,   217 

Illinois,   township  government  in,   170 
Improvements,   road,  need  of,    141 
Indebtedness,  prevention  of,  for  road  pur- 
poses,  144;  limit  to,  205 
Inequalities,   effect  of,   on  public  revenue, 

234 

Initiative,    question    of   tax   levy   for   rail- 
road   construction    subject    to,    43,    44, 
45,    64;    herd  law  subject   to,    52;    re- 
sult of,   in  Iowa  townships,   190,   191; 
road  system  subject  to,   245 
Inspectors  of  petroleum  products,  226 
Inspectors   of   schools,   provision   for,    65, 

80,  81 

Iowa,  State  of,  first  townships  in,  17; 
earliest  township  laws  of,  17-19;  town- 
ship legislation  of,  37-52;  road  super- 
vision in,  135-147;  history  of  poor  re- 
lief in,  158-162 

Iowa,  Territory  of,  laws  of  Wisconsin  ex- 
tended to,  22;  needs  of  local  govern- 
ment in,  24,  25 ;  township  legislation 
of,  24-36;  organization  of  townships 
in,  26,  172,  173;  Ohio  statute  fol- 
lowed in,  27-32;  manner  of  settlement 
of,  40 ;  provision  for  election  of  town- 
ship trustees  in,  56;  establishment  of 
office  of  township  clerk  in,  73;  office  of 
assessor  in,  87-90;  office  of  justice  in, 
108-111;  office  of  constable  in,  116- 
118;  duties  of  fence  viewers  in,  121- 
123 ;  care  of  township  roads  in,  130- 
135;  care  of  poor  in,  151;  Ohio  stat- 
utes adopted  in,  153-158,  167,  168, 
169,  170,  171-179;  provision  for  poor- 
houses  in,  155-158;  first  school  dis- 
tricts in,  173,  174;  absence  of  town 
meeting  in,  175,  176;  care  of  roads  in, 
192-196 

Iowa  City,  population  of,  in  1846,  235 
Iowa  City  precinct,  justices  in,   110 
Iowa  City  Township,  record  of,   228,  229 
Iowa  country,  first  townships  in,  217 


INDEX 


257 


Iowa  County  (Iowa),  organization  of,  239 
Iowa   County    (Michigan),   laws   in   force 

in,   17 

Iowa  District,  care  of  roads  in,   130 
Iowa  Township   (Cedar  County),  justices 

of,  239 

Jackson  County,  first  townships  of,  221 

Jasper  County,  suit  in,  221 

Jennings,  C.  M.,   237 

Johnson  County,  county  assessors'  report 
for,  187;  precinct  assessors  of,  187; 
reference  to,  224 ;  records  of,  225 ; 
record  of  school  fund  commissioner, 
228,  229;  record  of  brands  in,  230; 
census  of,  in  1846,  235;  early  taxes  in, 
237;  early  election  in,  239;  road  dis- 
tricts of,  243 

Jones  County,  first  board  of  supervisors 
of,  223 

Judge,  county,  39;  end  of  government  by, 
40 ;  reports  made  to,  65,  74,  76 ;  map 
furnished  by,  75;  duty  of,  76;  bonds 
approved  by,  90,  111;  power  of,  91; 
compensation  approved  by,  136;  regu- 
lations adopted  by,  137;  property  dis- 
tributed by,  139;  orders  of,  relative  to 
poor  relief,  159;  contracts  for  care  of 
poor  let  by,  160;  formation  of  town- 
ships by,  174;  road  supervision  pro- 
vided by,  194,  196;  sales  to  be  noted 
by,  222;  clerk  responsible  to,  231;  pe- 
riod of  system  of,  234;  census  taker  to 
be  appointed  by,  235 

Judicial  districts,   constable  in,    115 

Judiciary,  Committee  on,  bill  referred  to, 
26 

Julien    Township,    establishment    of,    17 ; 

board  in,   127;   distinction  of,   217 
Jury,    selection   of,    226 ;    trustees   substi- 
tuted for,  228 

Justices  of  the  Peace,  need  of  election  of, 
25;  oaths  taken  before,  27;  duty  of, 
28,  112,  238;  drainage  cases  before, 
63 ;  report  of  election  of,  74 ;  appoint- 
ment of,  79;  history  of  office  of,  107- 
113 ;  office  of,  in  Northwest  Territory 
and  Ohio,  107,  108;  powers  of,  in 
Michigan  and  Wisconsin  Territories, 
108;  jurisdiction  of,  108,  109,  110, 
111;  election  of,  109,  110;  compensa- 
tion of,  112,  113;  appeal  to,  121; 
function  of,  124 ;  duty  of,  as  auditors, 


124,  126;  power  of,  as  to  roads,  128; 
suits  in  court  of,  139;  report  of  needs 
of  poor  to,  148;  inquiry  of,  as  to  poor, 
149;  care  of  poor  by,  150;  act  re- 
lating to,  169;  few  changes  in  history 
of  office  of,  180 ;  appointment  of,  in 
Iowa  country,  180,  181;  continuity  of 
courts  of,  182 ;  need  of,  in  Iowa  Terri- 
tory, 182;  early  dignity  of  office  of, 
182;  statutory  duties  of,  183;  im- 
portance of,  in  England,  238;  duties 
of,  in  Michigan  Territory,  238 ;  election 
of,  239;  number  of,  239;  constable's 
duty  to,  240 

Kelley,   George  W.,  226 
Keosauqua  precinct,  justices  in,   110 
Kirkwood,  Samuel  J.,  recommendation  of, 
142,    190,   237,   244,   245 

Labor  on  roads,  60,  147 ;  requirement 
of,  129,  138;  law  relative  to,  131- 
133;  regulation  of,  136,  137;  time 
for  completion  of,  140;  report  of,  141; 
need  of  efficiency  in,  141;  early  set- 
tlers and,  202;  recommendation  rela- 
tive to,  244,  245 

Ladd,   Amos,   226 

Lake  Prairie  Township,  establishment  of, 
38,  221;  fence  viewers  of,  241 

Land  claims,  protection  of,   202 

Land  office,  reports  from,  222 

Lands,  drainage  of,  63,  64 ;  public,  care 
of,  in  Ohio,  55;  school,  care  of,  55; 
township,  plat  of,  95 

Langworthy,  Mr.,  motion  of,   26 

Larrabee,  William,  recommendation  of, 
245 

Lash,  Mr.,  219 

Laws,  transplanting  of,  in  Iowa,  171-179; 
enforcement  of,  209,  213;  township, 
distribution  of,  231 

Laws,  Township    (See  Township  laws) 

Lee  County,  first  officers  of,  21;  Van 
Buren  Township  in,  40 ;  election  of 
assessors  in,  86,  87;  poor  farm  in,  158, 
247;  first  school  districts  in,  173;  pre- 
cincts in,  218,  219;  notice  of  township 
organization  in,  220;  collection  of  taxes 
in,  237;  supervisors  of,  in  1837,  242; 
poor  relief  in,  246 

Leffler,  Isaac,  election  of,  19 

Legislation,  Territorial,  influences  of,  167, 


17 


258 


INDEX 


168,  172;  early,  study  of,  176;  town- 
ship, needs  of,  at  present  time,  176, 
177;  revenue,  course  of,  in  Iowa,  188, 
189;  local,  201;  failure  of,  213;  advo- 
cate of,  234 

Legislative  Assembly,  township  laws 
passed  by,  22,  24,  167;  township  legis- 
lation defeated  in,  25 ;  township  in- 
corporation provided  by,  in  1839,  26; 
statutes  followed  by,  27-32,  168,  169; 
request  of,  219;  Secretary's  answer  to, 
220 

Legislative  Council  (Michigan),  township 
acts  of,  17 

Lewis,  Warner,   appointment  of,   19 

Liberty  Township,  222 

Libraries,  township,  tax  for,  46,  227; 
gifts  for,  47;  reference  to,  59 

Library,  Territorial,  catalog  of,  32;  vol- 
umes in,  168,  170 

Licenses,  tavern,  list  of,  72 ;  issuance  of, 
126 

Lines,  John  H.,  election  of,  21 

Linn  Township,  justices  of,  111 

Liquor  traffic,  control  of,   242 

Local  government,  beginnings  of,  in 
Iowa,  19 ;  need  of,  in  Territory  of 
Iowa,  24;  origin  of  types  of,  165; 
spread  of,  to  Iowa  country,  166,  167; 
nature  of,  in  Territory  of  Iowa,  167- 
170;  messages  of  Robert  Lucas  rela- 
tive to,  171;  precinct  system  of,  172; 
demands  of,  in  Iowa,  172 ;  evolution 
of,  in  Iowa  Territory,  173,  174;  needs 
and  problems  of,  at  present  day,  176, 
177;  difficulties  of,  in  Iowa,  177-179; 
first  agents  of,  in  Iowa,  180;  place  of 
peace  officers  in,  182;  exact  nature  of, 
in  Iowa,  184,  185;  problem  of  taxa- 
tion in,  186;  persistence  of  township 
in,  200-203 ;  formation  of,  in  Iowa, 
202;  failure  of,  213 

Louisa  County,  townships  in,  220 

Lucas,  Robert,  messages  of,  on  township 
organization,  24,  25,  171,  173,  203, 
239;  private  library  of,  32,  170;  mes- 
sage of,  167,  169;  influence  of  Ohio 
statutes  on,  168;  recommendation  of, 
relative  to  peace  officers,  132;  opinion 
of,  243 

McCoy,   George,   238 

McGrew,  Jesse  B.,  assessment  roll  of,  187 


Machinery,  road,   purchase  of,   142,  205; 

care  of,    143 

Magistrates,   appointment  of,   181 
Manager,  township,  office  of,  55 
Mail  routes,  care  of,  62 ;  early,  202 
Main  traveled  roads,  62 ;  location  of,  193 ; 

favors  shown  to,  197;  course  of,  198 
Maine,  laws  of,  220 
Manville,   Eli  W.,   229 
Maps,    township,    use    of,    75,     76;    new 

roads  placed  on,   140 
Maquoketa  Township,  records  of,  221 
Marion    County,    Lake    Prairie   Township 

of,  38;  fence  viewers  of,  241 
Marriage   ceremony,   fee  for  performance 

of,   108;  reference  to,  238 
Marshals,   census  by,   234 
Maryland,  laws  of,  220,  238 
Mason  Township,   217 
Massachusetts,  238 
Meetings,  township,  calling  of,  56;  record 

of,    71;   notice  of,    72 
Mercantile  business,  assessment  of,  98 
Merrill,   Governor,  opinion  of,  245 
Mexican   War,    Iowa   soldiers   and  sailors 

in,   93 

Michigan,  State  of,  supervisors  in,  41 
Michigan,  Territory  of,  statutes  of,  9, 
171;  townships  of,  in  Iowa  country, 
17;  township  organization  of,  17-19; 
extension  of  rights  and  laws  of,  to 
Wisconsin,  20;  absence  of  township 
trustees  in,  56;  township  clerk  in,  72; 
township  assessors  in,  85 ;  township 
collector  in,  102 ;  township  treasurer 
in,  105;  justices  in,  108;  constables  in, 
115,  116;  fence  viewers  in,  120,  121; 
office  of  township  supervisor  in,  124, 
242;  history  of  township  board  in,  126, 
127;  road  supervisors  in,  128-130, 
194,  195;  care  of  poor  in,  149,  150; 
local  government  in,  166;  origin  of 
township  government  in,  170 ;  congres- 
sional townships  in,  173;  evolution  of 
local  government  in,  174;  local  control 
in,  175;  peace  officers  in,  180;  town- 
ship elections  in,  185 ;  care  of  roads  in, 
196;  Iowa  attached  to,  217;  first  town- 
ships of,  217,  219;  early  town  meet- 
ing in,  218;  copies  of  laws  of,  219, 
220;  trustees  for  school  lands  in,  226; 
powers  of  justices  in,  238;  pound  keep- 
er in,  241;  guide-posts  in,  243 


INDEX 


259 


Mile  posts,  erection  of,  131,  133 

Military  duty,  persons  subject  to,  93 

Militia  law,   demands  of,   after   1861,   93 

Milwalky  Township,   217 

Minors,  apprenticing  of,  238 

Mintun,   Mr.,   219 

Misdemeanors,  jurisdiction  of,   108 

Mississippi  River,  first  townships  west  of, 
217 

Missouri,  State  of,  217 

Missouri  River,  217 

Money,  township,  care  of,  106,  124; 
amount  of,  spent  on  roads,  139 

Montgomery,  Martin  M.,  228 

Montgomery  County,  townships  in,  40 

Moore,  B.  P.,  228 

Mulct  tax,  distribution  of,  80;  law  rela- 
tive to,  97 

Municipal  corporations,  nature  of,  204 

Names,  township,  change  of,  42 
National  banks,  taxation  of,  99,  100 
Nebraska,  fence  viewers  in,  241 
New  England,  town  meeting  in,   8,   184 ; 
origin    of   township    in,    165 ;    evolution 
of  township   government  in,    174,    200, 
202;    township   officers   of,    211;    town- 
ship boundaries  in,  221;  fence  viewers 
in,   241 

New  Hampshire,  laws  of,  220 
New  York,  system  of  township  govern- 
ment in,  8,  165,  166;  road  supervisors 
in,  128;  spread  of  local  government 
system  of,  to  West,  175;  county  gov- 
ernment in,  222 

Newcomb,  William,  election  of,   87 
Non-resident  land-owners,  list  of,   76;  as- 
sessor's notice  to,  95 

Northwest,  Territory  of,  statutes  of,  6,  9 ; 
office  of  township  trustee  in,  55;  duties 
of  township  clerk  in,  71;  office  of 
township  assessor  in,  85 ;  office  of  jus- 
tice of  peace  in,  107;  office  of  con- 
stable in,  114;  fence  viewers  in,  120, 
240,  241;  office  of  road  supervisor  in, 
128;  overseers  of  poor  in,  148;  devel- 
opment of  local  government  in,  166, 
174;  influence  of  laws  of,  on  Iowa, 
169;  town  meetings  in,  175,  176,  218; 
first  elective  local  officer  in,  189 ;  poor 
relief  in,  191;  road  administration  in, 
195;  township  boundaries  in,  221;  civ- 
il townships  in,  225 


Nuisances,  suppression  of,   66 

Oakland  County   (Michigan),  218 

Oaths,   administration  of,   74 

Obstructions  in  roads,  removal  of,  133, 
134 

Officers,  Territorial,  vote  for,  202 

Officers,  township,  provision  for  election 
of,  18;  duties  of,  18,  185;  names  of, 
first  elected  in  Iowa,  19 ;  provision  for 
election  of,  1836-1838,  20;  election  of, 
in  Lee  County,  21;  election  of,  in  Ter- 
ritory of  Iowa,  24,  48;  need  of  elec- 
tion of,  in  1839,  25;  notice  of  election 
of,  30;  appointment  of,  to  vacancies, 
31,  32;  fine  of,  34;  history  of,  in  Iowa, 
53;  taking  of  oaths  by,  74;  number 
and  duties  of,  173;  probable  legislation 
relative  to,  177;  functions  of,  177,  178; 
penalties  for  failure  of,  177;  efficiency 
of,  179;  town  meeting's  powers  dele- 
gated to,  184,  185;  powers  of,  204; 
nature  of  functions  of,  206,  207;  im- 
portance of,  209,  210;  indifference  of, 
209,  210;  present  demands  on,  211- 
214;  election  of,  211,  222;  future 
method  of  selection  of,  213;  time  of 
election  of,  222,  244;  resignation  of, 
232 

Offices,  township,  appointments  to,  68; 
abolition  of,  173;  combining  functions 
of,  176;  vacancies  in,  229;  tie  votes 
for,  231 

Ohio,  statutes  of,  9,  220,  238;  township 
statutes  of,  followed  in  Iowa,  27-32, 
35,  167,  168,  169,  170,  176;  office  of 
township  trustees  in,  55 ;  duties  of 
township  clerk  in,  71;  township  treas- 
urer in,  105;  office  of  justices  in,  107; 
law  of,  relative  to  fence  viewers,  122, 
123;  road  tax  levied  in,  128;  road  law 
of,  131-134;  poor  relief  in,  153-158; 
provision  for  poorhouses  in,  155-158; 
services  of  Robert  Lucas  in,  168 ;  in- 
fluence of  legislation  of,  on  Iowa,  169; 
settlers  from,  in  Iowa,  172 ;  congres- 
sional townships  in,  173;  evolution  of 
local  government  in,  174 

Organic  Act,  township  provisions  of,  24, 
25,  167;  reference  to,  87,  108,  169; 
nature  of,  170;  centralization  under, 
175 

Overseers,  road  (See  Road  Overseers) 


260 


INDEX 


Overseers    of   poor    (See    Poor,    overseers 

of) 
Oxen,  purchase  of,  139 

Parish,   administration  of,   238 

Partnerships,   assessment  of,   98 

Patterson,  Mr.,  219 

Paul,  John,  election  of,   19 

Paupers    (See   Poor) 

Peace,  preservation  of,  114 

Peace  officers,  history  of,  108-113,  180- 
183;  reference  to,  117;  administration 
by,  202 

Penalties,  provision  for,   177 

Penn  Township  (Johnson  County),  rec- 
ords of,  229 

Pennsylvania,  system  of  township  govern- 
ment in,  8,  165,  166,  170;  laws  of, 
148,  220,  233,  238,  240;  index  boards 
in,  243 

Pesthouses,  township,  67;  expense  for 
care  at,  223 

Petitions,  township  organization  obtained 
by,  22,  34,  49,  50,  176,  205;  hearing 
of,  56 ;  law  relative  to,  for  railroad 
aid,  64;  right  of,  for  road  districts, 
130,  143,  146,  198,  244;  right  of,  for 
peace  officers,  181;  number  of,  for 
county  roads,  193,  194;  cost  of,  223 

Petroleum  products,  inspectors  of,   226 

Physicians,  care  of  poor  by,   150 

Pioneers,  Ohio  statutes  adopted  by,  171; 
needs  of,  171,  172 ;  administration  of 
justice  among,  180;  roads  used  by, 
192;  first  questions  of,  201 

Plank-road  companies,   99 

Plat  and  field  notes,  use  of,  76 

Plows,  tax  for,  60;  purchase  of,  135 

Police  power,  82 

Poll  books,  return  of,  231 

Poll  tax,  list  of  persons  subject  to,  76; 
age  for  payment  of,  142 

Poor,  care  of,  in  Michigan  Territory, 
105;  support  of,  56,  73,  124,  149, 
152,  211;  work  of,  on  roads,  143;  re- 
moval of,  from  township,  153,  154; 
gifts  to,  155;  removal  of,  from  coun- 
ties, 157;  Ohio  statute  on,  169;  taxes, 
for  support  of,  191,  206,  231,  246, 
247;  legal  residence  of,  247 

Poor,  overseers  of,  duties  of,  18,  29;  of- 
fice of,  33;  end  of  office  of,  36,  158; 
election  of,  in  1848,  38;  reference  to, 


57,  102,  123,  247;  history  of  office  of, 
148-162 ;  duties  of,  in  Northwest  Ter- 
ritory, 148,  149;  provision  for,  in 
Michigan  Territory,  149-151;  provision 
for,  in  Iowa  Territory,  151-158;  def- 
inition of  duties  of,  in  1842,  152 ;  com- 
parison of  Ohio  and  Iowa  statutes 
relative  to,  153-158;  report  rendered 
by,  154,  155 

Poor  farms,  purchase  of,  158,  160 

Pool-houses,  provisions  relative  to,  152 ; 
comparison  of  Ohio  and  Iowa  laws 
providing  for,  155-158;  admission  of 
persons  to,  156,  157;  erection  of,  by 
order  of  county  judge,  160 

Population,  enumeration  of,  by  assessors, 
92,  96,  234 

Post  offices,  early,  202 

Post  roads,  guide  posts  on,  243 

Pound  masters,  duties  of,  18;  office  of, 
241 

Precinct  system^  question  of,  in  Scott 
County,  38;  establishment  of,  in  west- 
ern Iowa,  40;  nature  of,  172;  attempt 
to  return  to,  176 

Precincts,  establishment  of,  37,  222;  cre- 
ation of,  for  election  purposes,  41; 
clerks  of  election  in,  75;  assessor  of, 
88,  90;  justices  in,  107,  110,  111; 
constables  in,  117,  118;  assessment  of 
taxes  in,  187;  questions  of  early  set- 
tlers in,  202 ;  economy  in,  203 ;  num- 
ber of,  in  early  Iowa  counties,  218,  219 

Price,  Calvin  J.,  election  of,  87 

Procedure,  nature  of,  in  justice  court, 
112 

Property,  township,  assessment  of,  88, 
89;  classification  of,  for  assessment, 
90;  seizure  of,  for  taxes,  104;  tax  on, 
for  -roads,  135;  seizure  of,  for  poor, 
159;  assessment  of,  in  early  times, 
187;  protection  of,  202;  order  for  as- 
sessment of,  233 

Public  halls,  taxes  for,  46 

Public  Instruction,  Superintendent  of, 
communications  from,  81 

Public  libraries,  tax  for,  46 

Public  service  corporations,  taxation  of, 
98 

Quarantine  laws,  enforcement  of,  42,  82 
Quarter    sessions,    court    of,     107,     114; 
fence  viewers  appointed  by,  120,  240; 


INDEX 


261 


duty  of,   in  regard  to  roads,   128,   129, 
194 ;    overseers    of   poor    appointed   by, 
148 ;    nature   of,    182 ;    township   meet- 
ings called  by,  218;  English,  238 
Quasi  corporation,  nature  of,  204 

Railroads,  taxes  in  aid  of,  43-45,  64,  65, 
190,  191,  224;  removal  of  track  by, 
69;  taxation  of,  100,  101;  labor  on, 
224 

Railways,  taxation  of,  98,   100 
Real   estate,    assessment   of,    88,    89,    95; 

assessed  valuation  of,  234 
Rebellion,    War    of,     Iowa    soldiers    and 

sailors  in,   93 

Recorder,  county,  record  filed  with,   78 
Records,  township,  keeper  of,  71,   74 
Redding,  Francis,  election  of,   19 
Referendum,    township    organization    sub- 
ject to,    33,    36;    instance   of,   in   Scott 
County,    38.;    tax   levy   in    aid   of   rail- 
road   construction    subject   to,    43,    44, 
45;    taxation  for  bridges,   public  halls, 
and    public    libraries    left    to,     45-47; 
herd    law   subject   to,    52;    erection    of 
county   poorhouse   left  to,    160;    collec- 
tion of  taxes  left  to,  190;  recommenda- 
tion of,  on  roads,  245 
Register,  election  of,  21 
Registry,  board  of,  duties  of,  47,  48,  57; 
clerk   of,    74,    75;   lists  of,    224;   mem- 
bership of,   235 

Representation,   township,    124,    125;    ad- 
herence to  principle  of,  200 
Responsibility,  demands  for,  in  local  gov- 
ernment,  211,   212 

Revenue,   collection   of,    in  western   Iowa, 
40 ;    county,    assessment   and   collection 
of,  after  1839,  87;  need  of,  186 
Revenue  laws,  nature  of,   in  Territory  of 

Iowa,  169 
Review,  powers  of  assessors  as  board  of, 

85 ;   assessor's  duty  to,  97 
Revision,  early  need  of,   176 
Revision  of  1843,  provision  of,   110 
Revision  of  1860,  provision  of,   142 
Rights,  individual,  guardians  of,  182 
Road    districts,    elections    in,    48;    estab- 
lishment   of,    55,    76,     129,     130,    138, 
197;    supervisors    of,    voting    for,    58; 
supervisors    of,    responsibility    of,    59, 
60;     consolidation    of,     61,    227,    228; 
tax    levy    for,    76;    petition    for,    143; 


abolition  of,  145,  245;  road  dragging 
in,  146;  supervision  of,  194,  195; 
adoption  of  system  of,  198;  labor  of 
early  settlers  on,  202;  designation  of, 
227;  assessment  of  property  in,  235; 
guide-posts  in,  243,  246 

Road  drag,  use  of,  145,  146 

Road  fund,  payment  out  of,  for  drainage, 
64;  use  of,  75,  84,  205,  206;  care  of, 
in  townships,  106;  fines  added  to,  137; 
provision  for,  142 ;  collection  and  in- 
vestment of,  143 ;  division  of,  144, 
197;  transfer  to,  224,  227,  246;  con- 
trol of,  232 

Road  legislation,  early  need  of,   176 

Road  overseers,   129 

Road  superintendent,  selection  of,  61 ; 
duties  of,  62,  145,  146,  147;  poll  list 
furnished  to,  76;  report  by,  145;  em- 
ployment of,  228 

Road  tax,  payment  of,  139,  140,  147, 
197;  determination  of  amount  of,  142; 
collection  of,  144;  delinquencies  of, 
231 

Roads  (county),  guide-posts  on,  131,  133; 
purchases  for,  139;  establishment  of, 
193 ;  nature  of,  194 ;  control  of,  244 

Roads  (Territorial),  change  of,  130 

Roads  (township),  care  of,  18,  59,  211; 
need  of,  25;  record  of,  28,  73,  75,  76; 
fines  for  improvement  of,  34;  act  of 
1845  relative  to,  36;  opening  of,  56, 
57;  building  of,  59;  duties  of  trustees 
relative  to,  59;  improvement  of,  60, 
61,  76;  supervision  of  care  of,  60,  61; 
law  of  1904  relative  to  care  of,  61; 
report  of,  71;  dragging  of,  77,  145, 
146;  mulct  tax  used  for,  80;  obstruc- 
tion of,  112;  exemption  from  labor  on, 
121;  supervision  of,  in  Northwest  and 
Michigan  Territories,  128-130;  care  of, 
in  Iowa  Territory,  130-135 ;  petitions 
for,  130;  law  relative  to  labor  on,  131- 
133 ;  removal  of  obstructions  on,  133, 
134 ;  completion  of  work  on,  140 ;  dam- 
ages due  to,  140;  maps  of,  140;  field 
notes  of,  141;  destruction  of  weeds  on, 
144,  199;  labor  of  poor  on,  161;  Ohio 
statute  on,  169;  evolution  of,  192;  his- 
tory of  care  of,  192-199;  location  of, 
in  early  days,  192,  193 ;  nature  of,  at 
present,  193;  selection  of  supervisors 
over,  194,  195 ;  county  and  township 


262 


INDEX 


control  of,  195,  196,  197;  decentraliza- 
tion of  administration  of,  195;  early 
problem  of  labor  on,  196,  206;  lack  of 
permanent  improvement  of,  198;  pres- 
ent plan  of  supervision  of,  199;  need 
of  single  officer  for,  199;  machinery 
for  labor  on,  227,  244,  245;  engineer 
furnished  for,  227;  township  organiza- 
tion and,  243;  establishment  of,  by 
county  commissioners,  243 ;  guide- 
boards  upon,  246 

Roads,  county  supervisor  of,  history  of 
office  of,  135-137 

Roads,  supervisors  of,  election  of,  48, 
194;  appointment  of,  55,  197;  office  of, 
75;  vacancy  in  office  of,  79;  history 
of  office  of,  128-147;  duties  of,  in 
Michigan  Territory,  128-130 ;  duties  of, 
in  Iowa  Territory,  130-135;  return  to 
system  of,  in  1853,  138;  duties  of, 
138,  139,  141,  243;  penalties  inflicted 
on,  140;  report  made  by,  141;  need 
for  efficient  labor  on,  141 ;  collection  of 
road  tax  by,  142 ;  compensation  of, 
144,  145,  206;  weeds  to  be  cut  by, 
144 ;  abolition  of  office  of,  145 ;  powers 
of,  197;  routine  duties  of,  206;  term 
of,  225 ;  number  of,  243 ;  inefficiency 
of,  245 ;  guide-boards  erected  by,  246 

Roberts,   Robert  G.,   238 

Rock  Island,   217 

Rockingham,  session  at,  233 

Rockingham  Township,  boundaries  of,  39 

Rorer,  David,  226 

Ross,  William  R.,  19 

Rothrock,  J.  H.,  opinion  of,  221 

Russian  thistle,  law  relative  to,  62,  228 

Saginaw  Bay,  217 

Saginaw  County  (Michigan),  evolution 
of,  217,  218 

Saginaw  Township,   217,   218 

Sailors,  Iowa,  roster  of,  93,  235 

Scholte,  H.  P.,  house  of,  38 

School  directors,  clerk  of  board  of,  81, 
82,  232 

School  districts,  officers  of,  40;  boun- 
daries of,  51;  law  relative  to  division 
of,  51;  independent,  establishment  of, 
66,  197;  collection  of  taxes  in,  103; 
townships  organized  around,  173;  stat- 
us of,  204;  clerks  of,  232 

School  fund,  money  paid  into,   69 


School  fund  commissioner,  report  to,  65; 
record  of,  228,  229 

School  inspectors,  board  of,  duty  of  clerk 
of,  80,  81 

School  lands,  care  of,  in  Ohio,  55;  duty 
of  trustees  relative  to,  65 ;  leasing  of, 
105,  226;  treasurer  of,  173;  trustees 
for,  226;  return  of,  by  trustees,  228, 
229 

School  law,  Michigan,  adoption  of,  in 
Iowa,  168,  169,  171,  172 

School  officers,   in  Scott  County,   38 

Schools,  need  of  system  of,  in  Iowa,  24, 
25 ;  township  inspection  of,  65 ; 
clerk's  duties  with  regard  to,  80-82; 
organization  of  system  of,  in  Iowa,  169 

Scott  County,  repeal  of  township  laws  in, 
38;  question  of  precinct  system  in,  38, 
39;  township  organization  in,  39;  as- 
sessor of,  87;  precincts  in,  219;  seat 
of  justice  of,  233 

Scrapers,  tax  for,  60;  purchase  of,   135 

Secretary,  Territorial,  reply  of,  32,  219, 
220;  reference  to,  108 

Selectmen,   duty  of,   68,   177 

Self-government,  principles  of,  165 ;  spir- 
it of,  in  Iowa,  200,  202,  203 

Settlements,  location  of,  202 

Settlers,  first  elections  at  homes  of,  175 ; 
administration  of  justice  among,  180  ; 
first  questions  of,  in  Iowa,  202 

Shambaugh,  Benj.  F.,  editor's  introduc- 
tion by,  5;  acknowledgments  to,  9 

Shares,   taxation  of,   99 

Sheep,  earmarks  of,  28,   73 

Shelby   County,    precincts    in,    40 

Sheriff,  county,  duties  of,  as  assessor, 
90,  98,  188;  tax  collected  by,  102, 
103,  117;  constable's  duty  to,  118; 
power  of,  in  England,  238;  duties  of, 
240 

Sherman,  Buren  R.,  recommendation  of, 
227,  245;  complaint  of,  246 

Smith,  A.  G.,  election  of,  239 

Smith,    William,    election   of,    19 

Soldiers,  Civil  War,  assessor's  list  of,  93, 
235 ;  enumeration  of  children  of,  93 ; 
relief  of  families  of,  161 

Soldiers'  Orphans'  Home,  235 

State  roads,  use  of,   198 

States,  western,  development  of  township 
organization  in,  173,  184;  road  laws 
of,  197;  fence  viewers  in,  241 


INDEX 


263 


Statistics,  compilation  of,  92,  96,  209, 
234 

Statutes,  Ohio  and  Iowa,  similarity  of, 
32,  35;  transplanting  of,  from  Ohio  to 
Iowa,  170,  171-179;  early  revision  and 
amendment  of,  176 ;  nature  of,  on 
township  affairs,  176,  177;  functions 
of  township  officers  denned  in,  177, 
178;  township,  evolution  of,  178;  fre- 
quent amendment  of,  178,  179;  rev- 
enue, features  of,  in  Iowa,  186,  187; 
enforcement  of,  by  local  government 
officials,  209,  210,  213 

Stock,  loose,  control  of,  18;  law  relative 
to,  52,  241 ;  information  on,  96 ;  dis- 
eased, value  of,  112 ;  damage  by,  241 

Stockholders,  non-resident,  taxation  of,  99 

Stocks,  discovery  of,  98 ;  taxation  of,  99 

Stone,  William  M.,  statement  of,  190 

Stover,   J.   H.,   228 

Suffrage,  determination  of  rights  of,  in 
townships,  47 

Suit,  right  of,   206 

Summers,  Mr.,   219 

Superintendent,  road,  pay  of,  60 ;  work 
of,  61;  provision  for,  196 

Superintendent  of  dragging,  duties  of, 
146 

Supervisor,    county,   of  roads,    244 

Supervisor,  township,  duties  of,  18,  102, 
124;  history  of  office  of,  124,  125; 
end  of  office  of,  125 

Supervisors,  county  board  of,  first  in 
Iowa,  19;  township  duties  of,  in  orig- 
inal counties,  20,  22;  clerk  of,  21;  end 
of,  21,  22;  townships  represented  in, 
41;  membership  of,  after  1860,  41,  42; 
creation  of  election  precincts  by,  41 ; 
power  of  review  by,  43 ;  duty  of,  to 
call  election  in  new  townships,  48 ; 
equalization  of  taxes  by,  49 ;  division  of 
townships  by,  49,  50,  205;  township 
boundaries  left  to,  50,  51;  school  of 
instruction  called  by,  62 ;  appointment 
of  member  of,  79 ;  list  of  soldiers  re- 
turned to,  93 ;  duty  of  clerk  of,  95 ; 
election  of  tax  collector  ordered  by, 
103;  justice's  report  to,  112,  113;  con- 
stable's report  to,  119 ;  meeting  of,  in 
Michigan  Territory,  124;  beginning  of 
system  of,  125 ;  licenses  issued  by, 
126,  127;  care  of  poor  by,  160,  161; 
formation  of  townships  by,  174;  duty 


of,  in  formation  of  townships,  222 ; 
chief  duties  of,  222;  letter  of,  in  Jones 
County,  223;  bills  certified  to,  223; 
engineer  furnished  by,  227;  beginning 
of  office  of,  234;  township  supervisors 
in,  242 ;  control  of  liquor  traffic  by, 
242 

Supervisors,  road  (See  Road  Supervisors) 
Supervisors  of  highways,  duty  of,  29;  of- 
fice of,   33 

Supreme  Court,  Iowa,  powers  of  town- 
ships determined  by,  204;  decisions  of, 
relative  to  townships,  205,  206,  207, 
208,  221,  230 

Surveyor  of  highways,  office  of,   129 
Surveys,    requirement   of,    95 ;    formation 
of  townships  according  to,   175 ;   refer- 
ence to,   236 
Switzer,   David,  mark  claimed  by,   230 

Taverns,  licenses  to,   72,   126 

Tax,  mulct,  property  subject  to,  97,  98; 
Territorial,  collection  of,  102,  103 ; 
Territorial,  amount  of,  237 

Tax  levy,  limit  of,  43;  limit  of,  for 
bridge  purposes,  45,  46 ;  limits  of,  for 
public  halls  and  public  libraries,  46; 
making  of,  in  townships,  59;  limit  of, 
for  road  purposes,  60 ;  regulation  of, 
for  railroads,  64 

Tax  lists,  posting  of,  in  road  districts, 
140 

Taxation,  problem  of,  in  local  govern- 
ment, 186;  fault  of  system  of,  in  Iowa, 
189 

Taxes,  voting  of,  in  town  meeting,  31; 
proposal  of,  in  townships,  33 ;  use  of, 
for  public  health,  42;  special,  for 
township  purposes,  42-46;  levy  of,  in 
aid  of  railroad  construction,  43-45 ; 
cancellation  of,  44,  45;  levy  of,  for 
bridges,  public  halls,  and  public  li- 
braries, 46,  47;  equalization  of,  by 
township  trustees,  48,  58;  levy  of,  for 
cemeteries,  52 ;  property,  levy  of,  for 
poor,  56,  73,  74,  148,  156,  191; 
estimate  of,  for  township,  58,  59 ;  use 
of,  for  roads,  60,  136,  141,  243;  re- 
bate of,  to  farmers,  61;  road,  report 
of  delinquency  of,  76;  levy  of,  by  as- 
sessors, 85,  86;  exemptions  from,  93; 
exemption  from,  for  trees,  95,  96 ; 
collectors  of,  in  Michigan  and  Wis- 


264 


INDEX 


consin  Territories,  102,  103 ;  collection 
of,  in  Iowa,  103,  104,  117;  need  of, 
for  road  improvements,  130;  road,  col- 
lection of,  130,  144;  road,  provision 
for,  135;  road,  certificates  received  as, 
137;  township,  history  of,  186-190; 
voting  of,  in  aid  of  railroads,  190,  191, 
224;  assessment  of,  208;  township, 
expenses  charged  to,  223;  payment  of, 
223;  levy  of,  233;  collection  of,  237; 
road,  recommendation  relative  to,  245 ; 
road,  payment  of,  245 

Taxpayers,  protection  of,  by  law,  43,  44, 
45,  190,  191;  road  labor  by,  129,  147; 
petition  of,  224 

Telegraph  companies,  taxation  of,  100, 
101 

Territorial  Affairs,  Committee  on,  bill  re- 
ferred to,  25 

Territorial  roads,  change  of,  130;  guide- 
posts  on,  131,  133;  provision  for  care 
of,  192 ;  location  of,  193,  195 ;  nature 
of,  194;  improvement  of,  196;  use  of, 
198 

Territories,  union  of,  40;  western,  local 
government  in,  202 

Thistle,    Russian,    228 

Tile  drainage,   63 

Tires,  wide,  rebate  of  taxes  for,  61,  246 

Tools,  purchase  of,  for  roads,  135,  205 

Town  hall    (See  Hall) 

Town  meeting,  provision  for,  in  Iowa, 
18;  duty  of,  in  original  counties,  20; 
keeping  record  of,  27;  law  relative  to 
summons  to,  30,  31;  business  of,  33, 
34;  calling  of,  55;  order  at,  117;  self- 
government  by,  165;  spread  of,  in 
West,  175,  176;  absence  of,  in  Iowa, 
177,  201;  place  of  elections  at,  184; 
training  of  citizens  due  to,  201;  early, 
218;  constable's  duty  in,  240 

Towns,  incorporated,  assessors  in,  48, 
57,  94,  208;  separation  of,  from  town- 
ship, 49,  50;  constables  in,  118;  re- 
lation of,  to  township,  204;  unincor- 
porated, platting  of  land  contiguous  to, 
223 ;  reference  to,  224 ;  value  of  lots 
in,  234;  prospective,  234 

Township,  persistence  of,  200-203;  con- 
stitutional status  of,  204-208 

Township-county  system,  origin  of,  165 

Township  fund,  general,  money  due  to, 
206 


Township  government,  systems  of,  8 ;  in- 
auguration of,  in  Iowa,  17;  origin  of, 
17,  18;  survey  of,  in  Iowa,  163-214; 
origin  and  spread  of,  in  America,  165- 
170;  type  of,  in  Northwest  Territory, 
166;  nature  of,  in  Michigan  Territory, 
166,  167;  nature  of,  in  Iowa,  167- 
170,  184,  185;  origin  of,  in  Iowa, 
169,  170;  development  of,  prior  to 
schools,  173,  174;  evolution  of,  in 
Iowa,  200-203 ;  large  number  of  func- 
tions of,  211,  212 

Township  laws,  general  features  of,  in 
1851,  39;  origin  of,  in  Iowa,  165-170 

Township  meeting    (See  Town  meeting) 

Township  systems,  origin  of,  in  Iowa, 
165-170 

Townships,  kinds  of,  8;  first  elections  in, 
17;  first  laws  relating  to,  in  Iowa,  17- 
19,  22,  24;  laws  relative  to,  in  Terri- 
tory of  Wisconsin,  20-22;  establish- 
ment of,  in  Wisconsin,  22;  messages 
of  Robert  Lucas  relative  to  organiza- 
tion of,  24,  25;  defeat  of  bill  for  in- 
corporation of,  25 ;  civil,  need  of  pro- 
vision for,  25;  history  of  bill  for  in- 
corporation of,  in  1839,  26;  provisions 
of  Ohio  and  Iowa  statutes  relative  to, 
27-32;  division  of,  29,  205;  provision 
for  filling  of  vacancies  in,  31,  32; 
organization  of,  33;  naming  of,  33; 
meetings  of  electors  of,  33 ;  change  of 
boundaries  of,  34;  corporate  character 
of,  after  1842,  34;  care  of  moneys  of, 
35 ;  organization  of,  by  county  com- 
missioners, 37;  system  of,  in  Scott 
County,  38,  39;  control  over  estab- 
lishment of,  40;  organization  of,  in 
western  Iowa,  40 ;  civil,  duties  of  of- 
ficers of,  40 ;  representation  of,  in 
county  board,  41;  election  of  super- 
visors by,  41;  election  precincts  in, 
after  1862,  41 ;  organization  of,  after 
1862,  42;  names  and  boundaries  of, 
42 ;  provision  for  boards  of  health  in, 
42,  43 ;  railroad  construction  aided  by, 
43-45,  223,  224;  bridge  construction 
aided  by,  45,  46;  taxes  for  public  halls 
and  public  libraries  in,  46;  gifts  to, 
47;  lists  of  electors  of,  47;  boards  of 
registry  in,  48;  regulation  of  elections 
in,  48;  separation  of  towns  from,  49, 
50 ;  equalization  of  taxes  in,  49 ;  as- 


INDEX 


265 


sumption    of    debts    of,    by    cities,    50; 
change  of  boundaries   and  number   of, 
50,    51;    civil,    legislation    relative    to, 
51;   adoption  of  herd  law  by,   51,   52; 
original    surveyed,    in    Ohio,    55,    56; 
civil,    in    Ohio,    55,    56;    act    of    1840 
relative  to  trustees  of,  56;  care  of  busi- 
ness of,  56;  taxes  for  various  purposes 
in,    58,    59;    care    of    public    improve- 
ments in,  59;  care  of  roads  in,  59,  60; 
road  dragging  in,  61,  62;  collection  of 
taxes  in,    102-104;   history  of  office  of 
treasurer     of,     105,     106;     history     of 
courts  in,    107-113;    office  of  constable 
in,   115-119;   office  of  fence  viewer  in, 
120-123 ;     office     of     township     super- 
visor   in,     124 ;    representation    of,    in 
county    government,    125;    auditing    of 
claims    against,    126,    127;    history    of 
care  of  roads  in,   128-147;   division  of, 
into    road    districts,     130;     history    of 
care    of    poor    of,    148-162 ;    establish- 
ment  of,    in   Iowa    country,    166,    172, 
174,   175;  reason  for  multiplication  of, 
176;     need    of    present-day    legislation 
for,    176,    177;   peace  officers  in,    181; 
justice   of  peace   courts   in,    182,    183 ; 
problem    of    taxation    in,    186;    assess- 
ment   of    taxes    in,    after    1858,     188, 
189;    collection   of   taxes    in,    189-191; 
support  of  poor  by,   191;   care  of  Ter- 
ritorial roads  in,   192 ;  nature  of  early 
roads     in,     194;     deputy    road    super- 
visors   in,     196,     197;    distribution    of 
road   fund   to,    197;    road   districts   in, 
199;    training  for   citizenship  in,    201; 
powers   of,    204;    completion   of   organ- 
ization    of,      205;      disagreements     of 
county  with,  207,  208;  need  of  skilled 
men  in,   211-214;   first,   in  Iowa,  217; 
organization     of,     in     Michigan     Terri- 
tory,   219;    organization    of,    in    Iowa 
Territory,      220,      221;      constitutional 
status  of,  221;  expenses  borne  by,  223; 
registry    of    voters    in,    224;    contracts 
with,   227;   supervision  of,  over  roads, 
245;   powers  of,   248 

Townships  and  County  Boundaries,  Com- 
mittee on,  bill  reported  by,  26 
Travel,  early  roads  for,  192,   193 
Travelers,  accommodation  of,   126,   141 
Treasurer,     city,     township     funds     sur- 
rendered to,    50 


Treasurer,  county,  law  relative  to  duty 
of,  43;  money  paid  to,  69,  111;  ap- 
pointment of,  in  Scott  County,  87; 
taxes  paid  to,  102;  taxes  collected  by, 
103,  190;  fees  paid  to,  113,  119;  road 
money  paid  to,  131;  road  tax  delin- 
quents reported  to,  135;  certificates  re- 
ceived by,  137;  election  of,  in  Lee 
County,  21 

Treasurer,  township,  order  on,  30;   office 
of,  33;  bond  of,  34,  35;  work  of,  79; 
history    of    office    of,    105;    duties    of, 
106;    payments    to,    111;    road   money 
paid  to,  131;  duty  of,  relative  to  poor, 
149,    150;    reference   to,    232;    legisla- 
tion relative  to,  238 
Trees,  tax  exemption  for,  95,  96 
Trolley  railways,  taxes  in  aid  of,  45 
Trust,  express,  207 

Trustees,  township,  school  duties  of,  24; 
duties  of,  in  Ohio  and  Iowa,  29-32 ; 
appointments  by,  31,  32,  68,  79,  197; 
office  of,  33;  elections  judged  by,  34, 
35,  57,  58;  powers  of  appointment  of, 
35;  treasurer's  bond  to,  35;  new  duties 
of,  after  1845,  36;  precinct,  pro- 
vision for,  37,  38;  number  of,  38; 
election  meetings  called  by,  40;  powers 
of,  as  board  of  health,  42,  66,  67; 
tax  levy  for  railroad  construction  to  be 
arranged  by,  43,  64,  65;  duty  of,  as 
building  committee,  46 ;  acceptance  of 
gifts  by,  47,  155;  selection  of,  48,  49; 
abolition  of  office  of,  in  cities,  50;  duty 
of,  relative  to  cemeteries,  52;  history 
of  office  of,  55-70;  duty  of,  in  North- 
west Territory,  55;  duties  of,  in  Ohio, 

55,  56;   first  provision  for  election  of, 
in  Iowa,  56;  duties  of,  56,  57;  pay  of, 

56,  69,  70;  term  of,  57,  225;  function 
of,   relative   to   taxation,    58,    59;    road 
duties   of,    59,    60,    61,    62;    instruction 
of,    62;    drainage  cases   settled  by,    63, 
64,    78;    duty   of,    relative   to    schools 
and    school    lands,     65,     66 ;    damages 
estimated    by,     68,     69;     litigation     in 
hands  of,    69;    clerk  of  board  of,    71; 
payments  on  authority  of,    106;   bonds 
approved  by,   117;  constable's  duty  to, 
118;   duties  of,  as  fence  viewers,   123; 
road    districts    formed    by,     138,    143, 
144;    report    of    road    supervisors    to, 
139,    141;   amount  of  road  tax  deter- 


266 


INDEX 


mined  by,  142;  poor  supported  by, 
143,  158,  160,  161,  206;  road  super- 
intendents appointed  by,  145,  199;  re- 
port of  poor  relief  to,  153,  154,  155; 
property  to  be  seized  by,  for  poor, 
158,  159;  control  of  county  judge 
over,  159;  labor  of  poor  supervised  by, 
160;  minor  functions  of,  178,  207; 
levy  of  taxes  by,  190;  powers  of,  to 
incur  debt,  205;  status  of,  207;  early 
and  present  demands  on,  211,  212; 
increase  of  functions  of,  212;  power 
of,  to  lease  school  lands,  226;  acts 
relative  to  duties  of,  226,  227,  228, 
229,  230;  appointment  of,  232;  con- 
trol of  liquor  traffic  by,  242 

Tucker,   Benjamin,   appointment  of,   19 

Tudor,   Edward,   229 

Turner,    Matthew,   relief   of,    247 

Turnpike  roads,   99 

Union  County,  township  organization  in, 

40 

Union  Township    (Johnson  County),  229 
United  States,  laws  of,  220 

Vacancies,    provision    for    filling    of,    in 

townships,  31,  32,  56,  67,  68,   79,  87, 

229,   232 
Van  Buren  County,  precinct  in,  37;   act 

relative    to,    40;    townships    of,    220; 

reference  to,   222 
Van  der  Zee,  Jacob,  acknowledgments  to, 

9 

Vermont,  law  of,  238 
Veterinary  Surgeon,  State,  action  of,  112 
Victualling  houses,  license  of,  242 
Viewers,  appointment  of,  128 
Village  Township,  precinct  formed  in,  222 
Villages,   trustees   of,   226 
Virginia,  local  government  in,   166,   170 


Vital  statistics,  township  registration  of, 
82,  235 

Voters,  register  of,  in  townships,  75,  94; 
petition  of,  for  road  districts,  146 ;  im- 
portance of,  in  local  government  of 
Iowa,  184,  185;  status  of,  208 

Wade,    Enoch,    226 

Walton,   David  W.,   report  of,   243 

Walworth,  Mr.,  219 

War,  result  of,  in  Iowa,   93 

War  of  1812,  Iowa  soldiers  and  sailors 
in,  93 

Ward,  Chauncy  R.,  229 

Wards,  city,  collection  of  taxes  in,  103 

Weeds,  destruction  of,  62,   144,  145,   199 

West  Bend  Township,   case  of,  221 

West  Lucas  Township  (Johnson  County), 
224 

West  Point,  precinct,  justices  in,   110 

Wheeler,  Mr.,  219 

Widows,  tax  exemption  of,   93 

Wisconsin,  Territory  of,  statutes  of,  91, 
townships  of,  in  Iowa,  20;  township 
organization  of,  20-23 ;  supervisors  in, 
41;  absence  of  township  trustees  in, 
56 ;  township  clerk  in,  72 ;  constables 
in,  116;  duties  of  fence  viewers  in, 
121;  township  supervisor  in,  124. 
242 ;  township  boards  in,  126 ;  care  of 
township  roads  in,  130;  assessor's  du- 
ties in,  86,  87;  tax  collector  in,  103; 
history  of  justices  in,  108 ;  care  of 
poor  in,  151,  246;  township  govern- 
ment in,  167;  adoption  of  general  laws 
of,  in  Iowa,  169;  evolution  of  local 
government  in,  174;  peace  officers  of, 
180,  181,  183;  road  supervision  in, 
195;.  first  townships  in,  217;  town 
trustees  in,  226;  guide-posts  in,  243 

Worm  fence,  lawfulness  of,   229,   230 


UNIVERSITY  OF  CALIFORNIA  LIBRARY, 
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IN  STACKS 

AUG  1  7  1957 


D  LD 

MAY  1  3  1963 


2f>H*  7, '25 


YC  09283 


JS  45V 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


